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Dave Kennett
Dave Kennett, Lawyer
Category: Family Law
Satisfied Customers: 27686
Experience:  25 years experience as practicing attorney
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Ive been paying support for my daughter who will turn 18 in

Resolved Question:

I've been paying support for my daughter who will turn 18 in July and graduates from high school next week. I've decided not to petition the state for a modification of the support payments because of this but pay it through her 18th birthday.

My question is, I have my office send payments through the state every month to my ex-wife to pay for child support and alimony. What is the process I should follow to stop these payments going through the state and can I legally start paying my ex-spouse directly, what I'm obiligated to pay her?

Thank you for your help!!
Submitted: 1 year ago.
Category: Family Law
Expert:  Dave Kennett replied 1 year ago.
-Could you explain your situation a little more?
What does your support order say as to when the support terminates?
Does it say "at 18 or graduates from HS, whichever is later"?
Or does it say "at 18 or graduates from HS, whichever is earlier"?
Customer: replied 1 year ago.
Effectve on the 1st day of January in each subsequent year, while (childs name) is unemancipated, the child support amount shall be increased by 3%.

This is all it states. As you know, in the state of PA emancipation is when my child turns 18.
Expert:  Dave Kennett replied 1 year ago.
Dear JACUSTOMER - Most orders are written in a similar fashion and 18 is the age of majority in PA. So your child support will end at 18 however you can't change the method of payment until it terminates. I always recommend filing a motion to terminate the support effective on the 18th birthday of the child since most courts don't keep records of all of this and will simply keep the order in effect. If you file your motion then you cover yourself when you instruct your employer to stop the payments as of July. In addition, your employer may require an order of termination from the court so if you get your motion filed you should be able to have the order by July. There's really no point in adding to the confusion by asking to pay directly for a couple of months since by the time the court would hear that motion it would already be July. In any event, you do not owe any support after the 18th birthday and if there are any over payments the court would order them refunded. To avoid that it is best to get your order of termination issued so the payment stop on time.
Dave Kennett, Lawyer
Category: Family Law
Satisfied Customers: 27686
Experience: 25 years experience as practicing attorney
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