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Samuel II
Samuel II, Attorney at Law
Category: Family Law
Satisfied Customers: 27009
Experience:  General practice of law with emphasis in family law.
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My daughter will be 17 on the 10th of October. Her biological

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My daughter will be 17 on the 10th of October. Her biological father has paid child support for nearly her entire life but we have nothing in writing. He paid $350 a month when his salary was roughly 85-90k / year for her first ten years because I married another man and didn't need what would have been the full amount from biological father. I was being kind. Everyone can use more money and my husband made less than bio father at the time. I divorced in 2010 and at that time bio father and I came to an agreement that he would pay child support using the California calculator and based on the salary of his main job. He has several others including state senator. To recap, he had been paying $350 but now that we are using the calculator his monthly payment is $1200. Meaning that for ten years he was given a gift of 900$ / month. Of course payment would be due on the 1st. He paid the $350 checks on the 1st. But because of the $900 increase and the fact that is mortgage is due in the first, he asked if he could pay out of his paycheck on the 15th. I agreed to this because he couldn't have done it any other way. All was going well enough (he was constantly late but only by a few days) until today when he informed me that he was only going to send payments for July, August and September. Our daughter turns 18 on the 10th of October. Should I receive a child support payment for October? Also, he refuses to pay for college. I've heard of some children getting support until the are 19. Is this also possible? Thanks in advance for your time
Submitted: 1 year ago.
Category: Family Law
Expert:  Samuel II replied 1 year ago.
Hello
This is Samuel and I will discuss this and provide you information in this regard.
He is only legally bound to pay until the child reaches the 18th birthday OR age 19 if she is still in high school.
So the amount should be prorated for those 10 days. Are you saying your daughter will be 17 or 18 this coming Oct? Because you say will be 17
Customer: replied 1 year ago.
Sorry, I meant 18..... but the issue is that because he has been paying on the 15th and her birthday is ***** the 10th of October he is saying that he does not owe anything for October.... and in fact, claims that the September payment will actually be 5 days over what he owes. He paid the 350$ on the 1st and, as a courtesy I said he could make the monthly payment on the 15th. When we made the switch he paid $350 on the 1st of one month and then, paid the next month the 15th.
Expert:  Samuel II replied 1 year ago.
HelloThank you. I understand the issue. I just needed to be sure that you understood the support is payable until age 18. Ok so now we are on the same page.And so it is payable until age 18 and that it is. So October can be prorated for 10 days and it actually can be included in September's payment if you and he are in agreement. But it is not payable for the whole monthAs to paying college expenses, that is something that should have been determined and specified in your divorce agreements. Unless your daughter is disabled in some way and unable to work and help with her school expenses, then I suggest his contribution will not be court ordered at this time.I know that you have given him a break on the amount owed and he should be a little more appreciative. However, that is not always the nature of the paying parent.You may be interested to know that you can file for child support before she turns 18 and in that regard, the amount ordered would be retroactive back to date of filing. so you have that option, if you want to be a thorn in his sidePlease note that I can only provide information for what you ask. In that regard, if you have other questions or need clarification, please let me know here. Otherwise, I would appreciate a Positive Rating as that is how I get credit for my time.​Thank you
Customer: replied 1 year ago.
Of course I will give you a positive rating---- I understand how October is to be prorated. Secondly, is there a way to recoup the amount of child support not paid --- i.e., when he was paying less than his income would have allowed for?
Expert:  Samuel II replied 1 year ago.
If you file for child support with the courts, they could side with the Father based on the agreement you had with him to only pay a certain amount. So, while it could, I suggest it would not be cut and dry and time in court would be necessary. Yes, you can seek the retroactive support. But I suggest the agreement you had allowing him to only pay the $350 may hinder your case.

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