I know its beat to death but need to know if can be done
This is all new to me and I want to help DH as much as possible with how to proceed.
He pays CS over $1,700 a month, pays health insurance and all extra's including sports and clothing, etc. The only thing he does not pay for is SSstb18 car insurance since he is on his SF's policy.
The divorce stuff says he has to pay child support until the children are 18. He has never gone to court to try to reduce and she hasn't tried to increase. She gets a 3% raise every year and it has always been taken out of his pay automatically.
SS17 will be 18 next month and in August will be going to college. DH is paying the remaining $7K that is needed after scholarship for the first year.
Here is my question - he wants to get a lawyer to go to court and lower the CS to pay just for SS13 since he plans on setting up a joint account to put a small amount in every month for SS17 (books, etc).
Stories I have heard and read is that usually when a father goes to court, especially after 11 years, to lower the CS it winds up getting increased whether or not one child is no longer CS age. If this is the case, would the judge allow him to pay her CS for SS13 and put the other portion into an account? If the money goes to BM SS17 will never get it.
He has. I haven't tried it
He has. I haven't tried it but DH and I will sit down tonight and try.
He has. I haven't tried it
He has. I haven't tried it but DH and I will sit down tonight and try.
Even though SS will be 18
Even though SS will be 18 next month CS most likely will not change until after high school graduation.
How it will change depends on the law in your state.
He needs to consult with a lawyer to review his divorce decree and find out what the applicable law is in your state. Most states have an online calculator available that you can use to guesstimate the amount. But that amount can change depending upon the decree.
With a child turning 18 it is time to review.
Even though SS will be 18
Even though SS will be 18 next month CS most likely will not change until after high school graduation.
How it will change depends on the law in your state.
He needs to consult with a lawyer to review his divorce decree and find out what the applicable law is in your state. Most states have an online calculator available that you can use to guesstimate the amount. But that amount can change depending upon the decree.
With a child turning 18 it is time to review.
I was thinking the same
I was thinking the same thing! How would it increase for one child? He thinks its because neither of them went to court to either increase or lower and she just got a job a few months ago. She relies on her DH income.
He is calling the lawyer this afternoon.
Thanks all
hahahahahaha! thanks! that
hahahahahaha! thanks! that was helpful
Because of the asinine way
Because of the asinine way that my DH's CO was written, he paid the same amount of support for one kid as for both when the older one aged out. As far as I am concerned, having a baby and collecting CS for your OWN child should be considered an emancipating event. But it isn't. So BM kicked SD and Grandskid out of her house within a month after SD turned 18 but still collected CS for both skids until SD was almost 21. Of COURSE, SD didn't see a dime of it. I would have rather had 1/2 go directly to SD.
Most divorce/custody papers
Most divorce/custody papers say how much CS will be for only one child once the other one reaches 18. My DH papers said til 18 or as long as he was in school. So even after 18, he had to keep paying. But once he graduated, he just started paying the CS amount to biomom as per the paperwork. No court needed.
Here in TX you can request a change without having to go to court. But at some point, court is inevitable (sp?).
NJ is one of the worst states
NJ is one of the worst states for Child Support. There is no emancipation age & CS continues through college. 18 does not mean child support ends. Consult an attorney - honestly you won't get emancipation without one in Jersey.