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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 116797
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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I was divorced in Hawaii in 1997, I did not notice the child

Customer Question

I was divorced in Hawaii in 1997, I did not notice the child support obligations were set until the age of 23 while attending college. The children are past the age of 18 and reside in California, is there anything I can do to amend this stipulation with them not residing in Hawaii any longer?
Submitted: 2 years ago.
Category: Family Law
Customer: replied 2 years ago.
Is there anything you can do when a child has attended college for four years but has only received an associates degree, prolonging the obligation?
Customer: replied 2 years ago.
Is it illegal for a child support agency to withhold information about the custodial parent and children from the non-custodial parent in reference to documentation of them enrolled in a school when a child support obligation is depending on this stipulation?
Expert:  Law Educator, Esq. replied 2 years ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
IT is not up to the child support agency to disclose information about the child or custodial parent to the non-custodial parent. If the non-custodial parent seeks contact then it is up to the non-custodial parent to go to court if the child is under 18. However, if the child is over 18, it is purely up to the child as to whether or not he wants to contact the non-custodial parent.
Custody/visitation and support are different things. Support is due even if the parent does not get to see or have contact with the child under HI or CA law.
If they are just prolonging this and are not still in college or are not yet 23, then you can file a motion to terminate support in the court where the child support award was entered. If the custodial parent is not communicating to you about the children and their status and you believe that they are not really attending school as the support award says, then filing the motion in court is how you reduce it. However, if they are attending school as required by the support order, the court is not likely to reduce the amount I am afraid.