My High School Sr Age 18 With Child Support Question

by Rebecca
(Virginia)

I am the custodial parent per divorce decree with a child support order of $800.00 per month.

At the end of summer visitation last fall my son requested to remain with his father to attend local high school rather than return to the state of Virginia to live with me.

I approved my son's request for three reasons:

1) He is autistic (Asperger's Syndrom) - and he was clearly failing academically and developmentally in high school of over 4000 students he did not know.

2) The increased probability that he would better succeed academically if rejoined with his childhood peer group.

3) The past track record of consist support the Tumwater School district had been providing (from grade school through to high school) prior to my Military job position transfer to Virginia State.
I provide the physical home for my son at my expense of $1,050.00 per month. I co-own the home with my ex-husband, but have court decree financial responsibility for the mortgage.

I do not charge my ex-husband rent on this home, nor have I requested he continue to provide direct child support payments to me. In this situation I believed it would be fair that my ex-husband be allowed discretion in spending of child support.

As of 12 November 2009, my son turned 18 years old. He remains enrolled and attending Tumwater High School. However - his father has kicked him out of the home I am providing; taken away his keys, and is not providing any medical, financial, emotional, educational support, nor providing for a safe environment for my son.

My son is temporarily staying with his aunt who is located 2 blocks away from the home I am paying to provide on his behalf. While I applaud and appreciate that my sister is supportive - it is not her responsibility to provide for my son. As well, she does not have the financial means to provide for my son.

What legal options do I have to rectify my sons living conditions and to enforce the payment of child support in order to hire a direct care provider to supervise him until he completes high school in Washington state? Can I legally require my son to return to Virginia so that I can provide direct supervision?