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AlexiaEsq.
AlexiaEsq., Managing Attorney
Category: Family Law
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Experience:  19+ Years of Legal Practice in Family law matters.
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My husband has paid child support since daughter was 12. He

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My husband has paid child support since daughter was 12. He continued to pay after 18 due to her mental illness (bipolar). She is 21 and he is taking me to court to stop payments. I have a letter from her psychiatrist written a year ago stating she would unlikely be able to support herself. She did recently finish a year program in esthetics and has made $162.00. since Sept. She is on antipsychotic meds and mood stabilizers. She has severe anxiety. Do you think I will be able to continue to get support. I am on disability and get about $700.00 a month. I continue to sell my stocks to cover our monthly expenses. My daughter is unable to drve. Below is some school history. He is using the fact that she finished school to say she doesn't need support. She has no insurance but has applied for disability. I pay all her medical expenses. The pharmaceutical company helps cover her psychiatric medications. Here is her school history.Peggy Smith - education history.

2nd Grade - Upon Teachers Request, Evaluated by School Psychologist for appropriate educational intervention for social and emotional problems. Was showing anxiety in class and shutting down in class. Upon testing school requested we take her for psychological evaluation for possible ADHD. It was determined by Dr. Kraybill from TOVA test that she did not have ADHD and needed to see a psychiatrist.
4th Grade
Public School district stated they could not care for her needs. Attended school part time with one teacher. Was to ill to finish.
Was sent to Wordsworth Academy for Emotional and Mentally disturbed Children.

9th Grade - we moved to SC. Was put in classes for emotionally and mentally disturbed Students . Psychological report attached. Shows below average IQ. Shows reading level 4th grade, Math, 4th grade, writing 7th grade

Received “Certification of Completion” - not a diploma -Spring 2006

Horry Georgetown Tech. Fall 2006
Was allowed to attend under students with disabilities act. Could not pass their entrance test. Her Reading and math scores were between 4th & 5th grade level. Had special school advisor for students with disabilities. - Psychologist - who allowed her to take 2 courses per semester in developmental reading and math.

Fall 2007 - Was allowed to take a culinary arts course with a special letter from school special needs advisor and agreement of teacher. Peggy had to Constantly leave class and see advisor due to anxiety attacks. After 1 semester, was asked to leave the program. Teacher felt she was too slow and anxious and would not manage another semester.

Spring 2008 - With another special letter from advisor and teacher, was allowed to attend the Cosmetology program in Conway. Anxiety attacks worsened and had to be taken by ambulance to Conway Hospital. Waccamaw asked school to give her a medical leave but dept. felt she could not handle program in the future so school removed her from the Program.Was told by her teacher to try the Esthetics program as it was less stressful.

Fall 2008 Entered the 2 semister Esthetic course (facials and makeup) Did well.
2009Competed the one year course. I am very proud of her!
Submitted: 4 years ago.
Category: Family Law
Expert:  AlexiaEsq. replied 4 years ago.

Dear Penny,

 

Thank you for your question and I look forward to working on your answer. Also, it is important to know that I can only respond to your post and the information contained in it, as I do not know what you know, unless you describe it fully. Also, because you are at this site, you are asking me the question because you want the legal facts, as I see them, even if unfavorable to your situation from a legal perspective. Also, due to site tech reasons, oftentimes I am initially only able to see the first part of your post, so I apologize in advance if I ask a redundant question.

 

That being said, if you would like me to work on an answer for you, and in order to better assist you, could you please clarify for me:

 

1. Did your settlement agreement indicate that he pay til 21? What did it specify?

 

I look forward to getting to work on this for you. Hang in there!

 

 

Sincerely,

 

S. Joy, Legal Expert

 

Please note: I do not provide legal advice, only legal information; I do notlegally represent any JA members, visitors or customers. We do not and will not enjoy an attorney/client relationship. Further communication with me here is an acceptance of this and any information provided by me is with the understanding that you comprehend this and agree.

 

A times there can be a delay of an hour or more in between my answers because I may be helping other customers or taking a break. In addition, if it is late at night, EST, and we are between postings, I may go get some shut eye, but I'll be back the next day, so never fear. On Saturday, there will be greater gaps in time due to scheduling, for any needed follow up, but rest assured, by day's end it will be done.

Customer: replied 4 years ago.
He wrote a letter to the court when she turned 18 saying he would continue to pay due to her illness. He just lost his job and is on unemployment and wrote them stating he takes back his last letter and because she is 21 no longer wishes to pay.
Customer: replied 4 years ago.
If it would be easier to answer your questions by phone, you can call me at XXX-XXX-XXXX or cell XXX-XXX-XXXX
Expert:  AlexiaEsq. replied 4 years ago.

Hi Penny, I'm sorry we are not permitted to make contact with customers outside of this forum.

 

However, I DO think you have a good case potentially for continuing the support.

 

§ 4321. Liability for support.
Subject to the provisions of this chapter:
(1) Married persons are liable for the support of each
other according to their respective abilities to provide
support as provided by law.
(2) Parents are liable for the support of their children
who are unemancipated and 18 years of age or younger.
(3) Parents may be liable for the support of their
children who are 18 years of age or older.

 

This statute specifically leaves that door wide open in the case of a child who is not able to support. Moreover, the letter from 3 years ago from your husband confirms that he acknowledged her grave disability/inability to support herself. I think you are heading in the proper direction by providing proof of continuing medical/bipolar problems.

 

Good luck.

 

Hope this helps to clarify. If it does, please click ACCEPT and follow up if needed after you do so. This expert's credit proceeds go towards providing volunteer provisions for the disabled. Thank you for helping!


I believe I have answered your question and I hope you a better understanding of your legal issue as a result. As you know, I am only the messenger, not your attorney, nor can I create favorable law if it doesn't exist, so please don't hold it against me if the legal result is not what you wish. ACCEPTING the Answer a so ensures I will be able to assist your with your future legal question. In addition, Positive "FEEDBACK" and BONUSES are also appreciated. If you would like my assistance in the future, just put my name, STEPHANIE JOY, in your title or first sentence of a new post. Please keep in mind that I can only respond to your post and the information contained in it, as I do not know what you know unless you describe it fully. Also, due to site tech reasons, oftentimes I am initially only able to see the first part of your post, so I apologize in advance if it means more interactions between us. At times, there can also be a delay of an hour or more in between my answers because I may be helping other customers or taking a break, or if it is late at night, I may have to go get some shut eye til morning, but rest assured, I'll be back for you. Thanks

Sincerely,

S. Joy, Legal Expert

 

 

My Standard and Required Legal Disclaimer. The information given by me here is not legal advice. You should not and may not rely on anything on this website as legal advice and you agree that the nominal price you may voluntarily pay for information here clearly does not pay for any legal advice. I am neither establishing nor accepting an attorney-client relationship with you. You must hire an attorney in your state as a matter of law, in order to receive legal advice and attorney/client relationship and rights. I do not claim to be licensed to practice in the state where this information is being provided or whose law would apply, if any. My licensing credentials are noted in my profile, which you have full access to. As law is always changing, you are recommended to consult with the appropriate legal counsel in your jurisdiction for accurate and complete information. Thank you, XXXXX XXXXX a great day.

 

 

AlexiaEsq., Managing Attorney
Category: Family Law
Satisfied Customers: 11698
Experience: 19+ Years of Legal Practice in Family law matters.
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