Child Support ending in 60 Days.... additional questions.
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Child support ends when SD graduates highschool at the end of May. BM served us in December to continue CS past her 18th birthday that occurred in Feb. of this year. CS order is in the state of Illinois. I have several questions: 1. If the SD does go to community college in August does the BM have to hire an attorney to change the decree (which now states CS ends May 30, 2013)and continue the CS or can she go through the child support division like she did in December. 2. Can we pay the college directly instead of having the BM recieve payment?
I am in IL. Our state
I am in IL. Our state requires that CS be paid until child reaches age 18 or graduates high school, whichever comes last.
BM can go to court with a lawyer or by herself and ask for CS to continue while your SD is enrolled in college. Or she can do nothing at all and continue to collect CS... if your DH doesn't file with the courts to terminate the current CS order.
Your DH will need to file form 3402 MOTION TO TERMINATE CHILD SUPPORT. I suggest filing this as soon as possible, as your DH will continue to be held responsible for CS payments until the order is officially terminated.
Great info. JustAnotherSM. To
Great info. JustAnotherSM. To date SD has not even signed up for college nor have they done the FASHA form. Do we still have to file form 3402 even thought our decree was just admended and state directly that CS will be paid until May 30, 2013? And do you know if we can pay the college directly for the cost of her college courses? After 10 years I am tired of BM not providing for SD and only spending it on herself.
I would get on this ASAP if I
I would get on this ASAP if I were you, and if for some reason CS still needs to continue make CERTAIN that you mention to the Judge that you would prefer to give it directly to the child and not BM.
My BF's XW is a money hungry pos that pretty much lives off of the 920.00 a month my BF has to pay her for the ONE child they had together. I can't wait until CS ends for BF. Paying 920.00 a month for that kid is the bane of our financial struggles in every way!
I live in Mass so if skid goes to college directly from HS then BF has to continue to pay CS, and knowing BM she will WANT skid to still live with her so she can continue to collect the CS for herself as well. And I believe BF has to pay CS and carry skid on his insurance as well until skid graduates college, whther it is 2yrs or 4yrs, it doesn't matter! Sooo depressing!
Do WHATEVER you have to do to protect yourself and your dh and your finances from that gold digging pos!!!
Yes, you still need to file
Yes, you still need to file form 3402 even though the CS order ends on May 30, 2013.
Here's an example why. My mom's BF has a kid who turned 18 last year. BF did not file form 3402 because he thought his CS payments would automatically end on the date on the CS order. BF's employer continued to withdraw CS from his paychecks because CSE did not receive an order to terminate. In the meantime, BF's ex-wife (the BM) filed to request CS be extended until the kid graduates college. That case is still pending while the BF is still paying CS almost another year later.
You should be able to work with the college to make payments directly.
Many thanks. It just urks
Many thanks. It just urks the shit out of me to have to AGAIN pay the attorney to file this. I have searched everywhere on line for this form for St. Clair county thinking we could file ourselves. I know once BM recieves this, she will refile for CS for SD going to college and then more attorney fees will continue.
You should be able to file it
You should be able to file it yourselves. If you don't find it online, I would call the county and ask for the form.
If your official decree is that specific about the end date, I would think you could stop paying on that date, but I would still file the form.
When my SD got married, we took a copy of her marriage license to child support enforcement and they closed their case right then and there but said that until we filed with the county, the county still considered it open (but CSE would not pursue it and as far as they were concerned, DH owed not one more penny from that day forward).
We learned the hard way, hire your own process server. Call around because prices vary a lot. I found a great one for only 50.00 but some were double that and more! (this was 3 1/2 years ago)
I have 2 SDs and 2 BMs and we have never paid a lawyer for child support issues. I did all the research myself and basically was my husband's attorney!
In our case CS ended when the
In our case CS ended when the kid turned 18 or graduated from HS whichever was later...... unless the kid was a full time college student in good standing with the college or university. In which case CS continued until age 22 with the caveat that CS during college would be paid directly to the kid rather to his mom.
In our case the kid chose to let his SpermIdiot off the hook for college CS. The SpermClan bitched and whined that they could not afford to keep paying CS for 4 more years and that he would be taking food out of his 3 younger also out-of-wedlock SpermIdiot spawned half sibs by two more baby mamas. The kid decided to join the USAF instead.
Interestingly after he graduated from HS the SpermClan has had nearly zero contact with him witht the exception of the first Christmas after graduation. They made him pay for the plane tickets. These are the same people who bitched and whined about not seeing him enough for the 17+ years that they had 7 weeks of visitation a year (5Wks Summer, 1Wk Winter, 1Wk Spring). Their true toothless idiocy was proven unequivically when he graduated from HS and the CO expired. They have had nothing to do with him.
The SpermClan filed for discontinuation of CS the day the kid turned 18 while he was on his final CO'd visitation with them.
Though your CO says CS ends in may, in your case I would for sure file on the first possible day for discontinuation of CS. That way any support your provide your Skid after CS is stopped will be on your terms, as you see fit and beyond BMs ability to manipulate, control, consume or miss use. I do not trust programs administered by idiot government minion bottom 10%er idiots so I would get this closed out immediately upon the end date in the CO.
Just as it was our duty as responsible and viable adults to keep the SpermIdiot on the hook so that our son benefited fully from his pittance of an income it is your responsiblity to get your money out of BMs hands at the first possible opportunity.
BTW - our CO was from Oregon.
All IMHO of course.
I don't believe after the CS
I don't believe after the CS ends that BM can demand anything. Everything that happens thereafter has to be followed according to the divorce decree. You cannot be held to pay one cent of the child's college if it was not spelled out prior.
Also, when my husband CS
Also, when my husband CS ended, we automatically received an Emancipation notice from the Child Support Agency approximately 2-3 months prior to the child turning 18. They sent paperwork to simply terminate it upon graduation. It was a pretty easy process.
This might be a dumb
This might be a dumb question, but I'm going to ask anyway....
When you say child support terminates upon graduation, what does that really mean? Does that mean the last day of school for the child (assuming the child met all graduation requirements) or does it mean the day the child receives the diploma? My SO's daughter will turn 18 in January, but her last day of school (base on previous years) will be the end of May, but graduation day will be early to mid June. When would the last CS check be issued? May or June?
In the orginal decree college
In the orginal decree college was not addressed. We finally got a hold of the lawyer who has re did the orginial decree and in writing she has stated that the form does not need to be filed since in the last modificaiton clearly states the dates CS and healthcare be from February 2, 2013 to May 31, 2013 and was signed by the judge.
Journey 1982, ours was the "estimated" day graduation. At the time the HS didn't have graduation day decided. So the Judge made it May 31st. 3 weeks later they came out with the date of May 20th, so I guess the money hungry BM bitch gets 11 more days of CS :jawdrop:
Thank you capativasun636 for
Thank you capativasun636 for providing an answer.
Yes, we just went through
Yes, we just went through this process two times over the last two years with both of my husband's children.....what happens is this:
Approximately 2-3 months before the child turns 18 you will get an Emancipation letter/packet from the Child Support Enforcement Agency. The form basically wants confirmation that said child will, in fact, be turning 18 years of age on such and such date as well as wanting confirmation of said child's High School Graduation Date. For a child who is 18, your Child Support effectively terminates on the date of High School Graduation. That being said, what actually happens is this: The Child Support Agency will continue to collect your child support for a little bit before and after that Graduation date. All of those support monies are put into basically a "safe haven" account (for lack of better wording). They hold those monies in this safe account until an audit of the account between the Child Support Payer and the Receiver can be done. Once this accounting takes place and a determination is made whether or not there is an arrearage due, an overage paid, etc., AT THAT TIME all Held monies will be disbursed from the account to the proper party to balance the account out to -0-. At that point when all the checks and balances are in place from the audit your employer will be notified that no more child support is to be withheld from your paycheck.
What happens when child
What happens when child support was not collected by a third party, but rather the father is paying child support by check directly to BM every month? Is he required to obtain an emancipation packet? Does dad need to file something with the court to request child support stop? Or does dad just stop child support when the child reaches 18 or graduates from high school?
SO is under the impression that he just stops paying child support once his daughter graduates, but I read things on this site that indicates otherwise.
Thank you Shaking for
Thank you Shaking for responding. We both read the paperwork and all it says is child support is to be paid until the child reaches the age of 18 or graduates from high school, whichever is later. I told SO that he should contact his attorney 6-8 months prior to his daughter graduating from high school to make sure he isn't required to file any paperwork with the court to end child support. I'll also suggest that he contact the sleeping, hungry, cigarette smoking clerk (giggles) to verify if anything more is required.
His ex is money hungry, so I
His ex is money hungry, so I believe she may have something up her sleeve. I wish I had a crystal ball to see what her next move will be.
We do plan to take a trip to Hawaii when CS and alimony ends next year. Both payments end at the same time - I have my figures crossed that BM doesn't try to pull something. She has been quite since December, so I'm nervous because she has never been this quite for so long before. We think it might be because she is dating a man that has a "crazy" BM and he & his soon to be ex is dragging him through court all the time. Hmm...sounds like karma to me!
Thanks again Shaking for explaining things to me. Even though I have my own kids, I never received child support or alimony so I don't know much about how the courts work.