I live in SC and have been paying child support for the past 14 years on two children. My oldest is now 18 and the youngest is 17. They both quite high school and don't live with their mother anymore. What do I do to stop paying? The money is going to their mother who now works as well.
Optional Information: Country relating to Question: United StatesState (if USA): South CarolinaWhat have you tried so far?: I called Family Court in my county and they said I have to pay on both because the youngest is not 18 yet.
Hello, my name is XXXX, XXX I'll answer your question.What to do depends on how the child support was established 14 years ago. If it was the result of a court order, the process is that you go back to the court that issued the order and file a motion to modify the order, and when you go to court you explain the changed circumstances.If it was established by an administrative agency order, you go back to the support enforcement agency, and ask them to recalculate the amount, based again on the changed circumstances.Your obligation for support continues to the child's 18th birthday, if he/she is no longer in high school. The fact that they no longer live with their mother might (or might not) cause a downward calculation.Her current income will definitely affect the calculation.Have I answered your question, or do you have a follow up?
In your opinion, if I go to court to stop the support for the child who is now 18 will I need to go back next year again for the child who will be turning 18 next year? The 18 year old is currently living with her boyfriend.
No, because the support obligation should stop automatically at 18, as the younger is not in school.