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Joseph
Joseph, Family Law Attorney
Category: Family Law
Satisfied Customers: 7280
Experience:  I have over a decade of experience as a Family Law litigator
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I have three kids 22,19,18. All three still live at home. The

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I have three kids 22,19,18. All three still live at home. The oldest just graduated from collage and has a full time job at phone sales. Next one went to school one year and now works full time as cashier. The youngest starts collage this fall and will stay in a dorm while in school. The day after my youngest turned 18my ex husband handed a paper to sign that would tell the court that i sai he had met all requirments of child support and would stop all payments. I did not sign It and he now is threatening tou take me to court to stap all support because all kids are 18. I have agreed to stop support on the two oldest but still expect support based on the youngest that is going to collage. He refuses and threatens me with court and lawyer bills that i dont wat to spend needlessly. The divorce decree states that support will be paid on each child till they have turned 18, finished school, and or become self-supporting. What should I do? If he sues can I and should I counter sue for all my expences? And if the court should decide to award me with child support for one child should i ask to have the amount set at that time or wait till after and the ask child support recovery to have It rest based on tudays income because It hs been the same as set by the court in the divorce 12 years ago and his wages have increased since then?
Do you have a copy of the divorce judgment? If so, what is the exact language as to child support terminating? Thank you.
Customer: replied 4 years ago.
The sum of $1164 shall be paid each month so long as each child survives and has not attained majority, has not completed high school orhas not become self-supporting.

Unfortunately, the law is not on your side in this situation. There were two potential ways by which your child support could continue.

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The first possibility was the language in your divorce judgment. For example, the judgment might have stated that both parents are to provide support until the children reach the age of 21 or graduate high school. Unfortunately, your judgment indicates that support is to end upon graduation from high school.

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The second possibility was the written law on the subject. Unfortunately, the law in Iowa is that child support is to terminate upon the child reaching the age of 18 or graduation from high school. Meaning there is no help to you here either.

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With these facts in mind, the father has the absolute right to terminate support at this time. If you fight him, he will most probably prevail and, as he suggested, you might even end up paying some of his legal fees.

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I regret that my answer is unfavorable, but please understand that it would be unfair to you (and unprofessional of me) to provide you with anything less than a truthful
response.

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Please let me know if anything requires clarification.

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I hope you found my answer helpful. If so, please click on a positive rating for my answer. This is necessary for me to be paid for my work and so that I can get credit for assisting you. Even if you are a subscription member, you will need to provide a positive rating. Your question will not close, and you will still have the opportunity to follow-up if needed. Leaving a bonus and positive feedback is not required, but doing so is certainly appreciated! Thank you and good luck!

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Also, several customers have asked how they may direct a question to me in particular. If you specifically want me to assist you in your legal matter, just put "FOR JOSEPH" in the subject line and I will gladly pick up the question as soon as I am on-line.

Customer: replied 4 years ago.
What about the not become self-supporting part of the decree. What does that mean?

That is a listing of conditions by which support would end, to wit:

- reaches majority OR

- graduates high school OR

- becomes self-supporting

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In other words, whichever event comes first, leads to the termination of child support.

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I hope you found my answer helpful. If so, please click on a positive rating for my answer. This is necessary for me to be paid for my work and so that I can get credit for assisting you. Even if you are a subscription member, you will need to provide a positive rating. Your question will not close, and you will still have the opportunity to follow-up if needed. Leaving a bonus and positive feedback is not required, but doing so is certainly appreciated! Thank you and good luck!

.

Also, several customers have asked how they may direct a question to me in particular. If you specifically want me to assist you in your legal matter, just put "FOR JOSEPH" in the subject line and I will gladly pick up the question as soon as I am on-line.

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