I recieved a letter today from the circuit court commissioners office that reads: Mr. Cancienne's child support obligation shall be increased to $314 per week, effective February 3, 2012. This order shall continue until and terminate on July 4, 2014, absent further order of the court. That will make my daughter 19 years old. What does absent further order of the court mean? Can they extend my child support payment obligations?
State/Country relating to Question: Wisconsin
-Could you explain your situation a little more?
When does your order say that child support ends? At what age or upon what event such as graduation?
On her birthday, when she turns 19. My daughter is handicapped, so she will be in school until the age of 19. What I dont understand is can that date be extended, say until the age of 21, by the statement of absent further action of the court. I have 5 days left to appeal this court order.
Dear JACUSTOMER - Whenever s court has continuing jurisdiction in a legal case they almost aways make that statement in any court order issued during the case. In other words, they are say that the child support will now be $314 until the court changes the order. If your support ends atXXXXXshould then issue an order to terminate the support which would be a "further order of the court". The order they just made is a "further order" from a previous order for support so it is a common phrase.
In the case of handicapped children the court has the power to continue child support beyond the original ending date but there would be nothing in the order they just issued that you would have to appeal as to that possibility since they didn't change the ending date of 19. If or when they change the termination date then you would have the right to appeal that decision but right now I see nothing to appeal.
The original court order was for $800 per month until the age of 21, now they have changed the amount to 1360.66 per month until the age of 19. Can they go back to the original date of 21? Based on that phrase furthur order of the court?
Yes, in the case of a handicapped child they can continue the jurisdiction over the support.
25 years experience as practicing attorney
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