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AlexiaEsq., Managing Attorney
Category: Family Law
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Experience:  19+ Years of Legal Practice in Family law matters.
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Today is my last month to pay child support. I informed my

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Today is my last month to pay child support. I informed my ex that her check would be pro rated to the 8th ( my daughters b-day) she went ballistic saying no where in the paperwork does it say that. I explained in Calif. you only pay until the 18th b-day not a day past. My daughter is a full time college student living on campus which I pay for. Am I correct on the pro rating of the child support payment?
Submitted: 8 years ago.
Category: Family Law
Expert:  AlexiaEsq. replied 8 years ago.



Thank you for your question and I look forward to assisting you. Please keep in mind that I can only respond to your post and the information contained in it, as I do not know what you know unless you describe it fully. Also, oftentimes there are future facts that are as yet undetermined in your matter, that can and must leave some areas of information provided by me broad in nature. However, don't hesitate to ask for clarification if needed! At times, there can also be a delay of an hour or more in between my answers because I may be helping other customers or taking a break. That being said...


Your CS order should rule on this. For instance, if it says $X every month,payable on the 1st of the month, until she turns 18, then you would arguably pay the full $X since she was not yet 18 on the 1st. If is states a weekly amount, go strictly with that; if it says biweekly, I would pay the biweekly amount due on or before her birthday,but likely not the bi-weekly date after that.


If it fails to state, you may have an argument for pro-ration - I can hardly imagine that the ex will take you to court over such a small amount of money, particularly if she is not guaranteed a win. However, if you are paying through CS agency (which it doesn't appear), some agencies interpret this as meaning through the whole month, regardless, and don't prorate. However, I would be careful not to stretch your interpretation of your order if it is not readily and reasonable to read it that way, so try to read it unemotionally and objectively.



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