Q: Can I change the name the child support case is in from my mother to me as I'm now over 18 and not living with her?
My mother has been getting child support for me for years. My father still has quite a bit of back pay remaining. I no longer live with my mother, am over 18. She still has the card that the child support money is deposited on and is using it for her own needs. Even when I was living with her she would use it on cigarettes instead of clothes or even food for me. Is there a way to transfer the name the case is in to me instead of my mother now that I'm 19?
A: I cannot tell you that it is impossible to do what you are asking; however, I can tell you that I have not seen it happen in the 20+ years that I have been practicing. MDHS is going to assume that your mother used her funds to support you during your minority; therefore, the arrearage amount is basically reimbursing her for funds she has expended. However, the thing to do would be to contact MDHS about this issue and/or your father contacting an attorney with an eye toward asking the Court to allow the arrearage amounts go directly to you. Also, if any of the arrearage was accrued during a period of time that you had moved from your mother's home, your father should ask for a credit for those amounts in order to reduce his arrearage amount.
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