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Samuel II
Samuel II, Attorney at Law
Category: Family Law
Satisfied Customers: 27011
Experience:  General practice of law with emphasis in family law.
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My son will he 19 in 4 months, has graduated and moved out

Customer Question

My son will he 19 in 4 months, has graduated and moved out of his mother's home 2 months ago. Do I still have to pay child support to her until he turns 19? I have no problem paying it but would rather it go to him directly. She is no longer paying his expenses other than cell phone bill.
Submitted: 1 year ago.
Category: Family Law
Customer: replied 1 year ago.
We live in Nebraska, forgot to mention that
Expert:  Samuel II replied 1 year ago.
HelloThis is Samuel. Is she in agreement of you not paying her? And having the money go directly to your son?
Customer: replied 1 year ago.
No, my son has talked to her and I've tried as well. She refuses to discuss it. And has told my son "it's not happening"
Expert:  Samuel II replied 1 year ago.
Thank you.So you will need to consider filing a Child Support Termination with the courts. Of course, this could take up to 4 months to get on a docket and by then your son will be 19. If you simply stop paying the support to her and pay your son, I suggest, you pay by check so you can have proof the money went to him. Because she will more than likely file a contempt of court. Of course, that also will take about 4 months to get on a docket. So the bot***** *****ne is if you stop paying her directly, be prepared to still go to a contempt hearing and show you were paying your son. Also...
Expert:  Samuel II replied 1 year ago.
I suggest you will want to make the request in writing to the Mother stating that since your son has moved out it is only fair and in his best interest that the support go directly to him for the next 4 months.
Expert:  Samuel II replied 1 year ago.
Give her 5 to 7 days to respond to your request in writing. Mail it certified with a return receipt requested.
Expert:  Samuel II replied 1 year ago.
Oh and of course, you can file a Modification making the request but again it may be 4 months to get on the docket. Check with the clerk of the court and see how long they anticipate to get a hearing. I suggest, regardless of what your decide you should consider the request in writing with the letter as I suggested.
Customer: replied 1 year ago.
OK, in the letter to her should I mention my intentions of filing with the court if she doesn't agree? Not sure I want to go through all that with the courts because like you said it could take that 4 months but It's only fair it goes to my son, after all that's what child support is for. This is all very frustrating.
Expert:  Samuel II replied 1 year ago.
You can. And tell her because of her lack of cooperation, you will see your fees associated with the filing.
Expert:  Samuel II replied 1 year ago.
Well, check with the clerk. See how far backed up the docket is.
Expert:  Samuel II replied 1 year ago.
That is "seek" your fees. You can always make that request. And if you have a letter showing you tried to settle out of court, it ups your chances a court will order her to pay the fees.
Customer: replied 1 year ago.
I'll try that. Thank you!
Expert:  Samuel II replied 1 year ago.
You're welcome. Good luck with everything. Please let me know here if you have other questions or need clarification. Otherwise a Positive rating ensures i get credit for my time.