Have Legal Questions? Ask a Lawyer Now.
Thank you for your question.
It is very possible that if you bring a motion to modify the child support order in any way, your ex will challenge the amount of the order or will ask the court to review the amount.
Parents are obligated to pay child support until a child reaches the age of 19 or graduates from high school, whichever comes first. Statutorily, support terminates when the child turns 18 if the child is not in high school. So, it sounds like statutorily, you will be safe to stop paying for your daughter after she graduates from high school. You may desire to discuss your understanding of the law with your ex, as opposed to taking the issue back to court, before you cease your payments. You may avoid a court proceeding if she can confirm with her attorney that support ends when your children reach 19 or graduate high school (which ever comes first).
Please let me know if you have any other questions, or require clarification of this matter. Otherwise please hit "ACCEPT", so I may receive credit for my response. Tips and feedback are also appreciated.
Would it be the ex-wife or the court that would ask for modification of the amount? In other words, if she doesn;t ask for a change, what are the chances that the court would do it on their own?
Also what does 'statutorily' mean? Is it a state-to-state law or a federal one?
In situations like this, does someone just stop paying at the appropriate time (and how much would it be reduced for one child)...or it it necesary to get an agreement in writing with the ex-wife to submit it to the court?
If she does not ask for one, then the court is not likely to modify the amount. However, judges has been known to comment on the amount, alerting the other parent to th fact that they have the ability to get a higher amount and encouraging them to ask for more.
The way in which I was using statutorily, was in reference to the state law.
In situations like this, it is fine for a parent to stop paying at the appropriate time. Without an agreement to pay for longer than you are legally obligated to pay, you cannot be faulted for ending your payment as allowed by law. You do not need to your spouse's agreement, nor does it sound like you need a court order.
Just one more issue that I forgot about...since Michelle won't be coming this summer due to boot camp Keith said that he's not sure he wants to come. He said it would be wierd without her. Plus he may need summer school. His mother says that after the age of 12 a kid can choose whether to go or not. She also made a small threat that she has never asked for more support.
I say he needs to come no matter what unless there is a court order that he doesn't have to. I plan to check in the morning with the local school to see if he can attend summer school here if needed.
QUESTION IS: Does she have the choice to have him stay home if I want him to come? What does the law say, especially if he can attend school here?
Unless there is a court order forcing visitation, then she does not have to send him. Although if the mother is standing in the way of the child visiting you, you may be able to claim that your are being alienated from your son. Given the age of your son, his mother is correct, that if she went into court, the court would give deference to the preference of the child, if the child is of the age to appreciate the gravity and circumstances of making such a decision.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).