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Started By
Message
OT lawyer's -Child Support question
Posted on 6/30/17 at 9:49 am
Posted on 6/30/17 at 9:49 am
My daughter graduated high school in may(eta:no pics). In my divorce mediation paperwork it was agreed between my ex and I that she would come off when she turned 18 years old and graduated high school. Well I had a motion efiled on June 8th now I just got contacted by my lawyer that my court hearing is not until September 1st. Now I have to wait almost 4 months to get a judge to sign the order saying that everything is done. MOTHERfrickER frick THIS CHILD SUPPORT bullshite. Does this sound correct or is there a way I can get the judge to sign off earlier on this order or can I go back and get the child support that I will pay the ex over these 4 months. Sorry I am a little pissed off about this recent news I just received
This post was edited on 6/30/17 at 9:51 am
Posted on 6/30/17 at 9:51 am to FLBooGoTigs1
quote:
My daughter graduated high school in may. In my divorce mediation paperwork it was agreed between my ex and I that she would come off when she turned 18 years old and graduated high school. Well I had a motion efiled on June 8th now I just got contacted by my lawyer that my court hearing is not until September 1st. Now I have to wait almost 4 months to get a judge to sign the order saying that everything is done. MOTHERfrickER frick THIS CHILD SUPPORT bullshite. Does this sound correct or is there a way I can get the judge to sign off earlier on this order or can I go back and get the child support that I will pay the ex over these 4 months. Sorry I am a little pissed off about this recent news I just received
I've always thought the statute was self operating -- that is, once the child hits 18 child support ends, no need for a court order. I could be mistaken, but that's how I read it.
Posted on 6/30/17 at 9:53 am to FLBooGoTigs1
You could be a deabeat instead
Posted on 6/30/17 at 9:54 am to FLBooGoTigs1
Its called child support, not adult support, which your daughter now is. I'd give your daughter the money directly and just make sure I have record of it.
Posted on 6/30/17 at 9:55 am to FLBooGoTigs1
§315.22. Termination of child support upon majority or emancipation; exceptions
A. When there is a child support award in a specific amount per child, the award for each child shall terminate automatically without any action by the obligor upon each child's attaining the age of majority, or upon emancipation relieving the child of the disabilities attached to minority.
B. When there is a child support award in globo for two or more children, the award shall terminate automatically and without any action by the obligor when the youngest child for whose benefit the award was made attains the age of majority or is emancipated relieving the child of the disabilities attached to minority.
C. An award of child support continues with respect to any unmarried child who attains the age of majority, or to a child who is emancipated relieving the child of the disabilities attached to minority, as long as the child is a full-time student in good standing in a secondary school or its equivalent, has not attained the age of nineteen, and is dependent upon either parent. Either the primary domiciliary parent or the major or emancipated child is the proper party to enforce an award of child support pursuant to this Subsection.
D. An award of child support continues with respect to any child who has a developmental disability, as defined in R.S. 28:451.2, until he attains the age of twenty-two, as long as the child is a full-time student in a secondary school. The primary domiciliary parent or legal guardian is the proper party to enforce an award of child support pursuant to this Subsection.
A. When there is a child support award in a specific amount per child, the award for each child shall terminate automatically without any action by the obligor upon each child's attaining the age of majority, or upon emancipation relieving the child of the disabilities attached to minority.
B. When there is a child support award in globo for two or more children, the award shall terminate automatically and without any action by the obligor when the youngest child for whose benefit the award was made attains the age of majority or is emancipated relieving the child of the disabilities attached to minority.
C. An award of child support continues with respect to any unmarried child who attains the age of majority, or to a child who is emancipated relieving the child of the disabilities attached to minority, as long as the child is a full-time student in good standing in a secondary school or its equivalent, has not attained the age of nineteen, and is dependent upon either parent. Either the primary domiciliary parent or the major or emancipated child is the proper party to enforce an award of child support pursuant to this Subsection.
D. An award of child support continues with respect to any child who has a developmental disability, as defined in R.S. 28:451.2, until he attains the age of twenty-two, as long as the child is a full-time student in a secondary school. The primary domiciliary parent or legal guardian is the proper party to enforce an award of child support pursuant to this Subsection.
Posted on 6/30/17 at 9:55 am to T Blair
In Louisiana, a notarized letter to the custodial parent notifying that the payments will cease on the day of the 18th birthday or graduation from HS is all that is needed. Then you file the letter with the court.
Posted on 6/30/17 at 9:56 am to Boudreaux35
quote:
In Louisiana, a notarized letter to the custodial parent notifying that the payments will cease on the day of the 18th birthday or graduation from HS is all that is needed. Then you file the letter with the court.
That's what I thought.
Posted on 6/30/17 at 9:58 am to T Blair
I thought this also. I don't see why my ex wife needs to sign off on this now. Everything in the original divorce paperwork has been met. I am calling my lawyer back.
Posted on 6/30/17 at 9:58 am to FLBooGoTigs1
Give the money straight to your daughter if she needs it.
When you're ex comes looking for that check...lets be honest she will, tell her to go sit on a cucumber.
When you're ex comes looking for that check...lets be honest she will, tell her to go sit on a cucumber.
Posted on 6/30/17 at 10:00 am to FLBooGoTigs1
quote:
FLBooGoTigs1
Let's cut the shite. She's old enough to not need your support anymore, she's old enough for pics or GTFO
Posted on 6/30/17 at 10:01 am to FLBooGoTigs1
Stop paying the day she turns 18... there is nothing they can do as you met the requirements of the agreement. However, contact the Child Support office just to be sure their is no minor "balance" in arrears as that has been known to happen.....
.....to me
.....to me
This post was edited on 6/30/17 at 10:02 am
Posted on 6/30/17 at 10:01 am to FLBooGoTigs1
quote:
(eta:no pics)
quote:
In my divorce mediation paperwork it was agreed between my ex and I that she would come off when she turned 18 years old and graduated high school
Were these papers filed with the court? If so, then I don't know why you'd even need to file a motion to get another order to end the support payments when there's already documents filed with the court stating that the support payments would end once she's reached 18 and graduated HS, and those conditions have been met. Don't pay her anymore. Its my understanding in (at least in LA) that you can't be forced to pay CS once they reach 18 anyway.
Posted on 6/30/17 at 10:02 am to shawnlsu
quote:this
I'd give your daughter the money directly and just make sure I have record of it.
Posted on 6/30/17 at 10:02 am to Tiger Prawn
quote:if still in HS, they need to graduate too
n't be forced to pay CS once they reach 18 anyway
Posted on 6/30/17 at 10:03 am to T Blair
quote:
A. When there is a child support award in a specific amount per child, the award for each child shall terminate automatically without any action by the obligor upon each child's attaining the age of majority, or upon emancipation relieving the child of the disabilities attached to minority.
Yep. You best believe when my daughter turns 18, she's getting $525 venmo'd (presume she'll have that. ) to her instead of mama.
Posted on 6/30/17 at 10:04 am to Adam4848
Heck, you've been paying this long, what's 4 more months going to do to you?
The system isn't always fair. Just take your lumps for now and you'll be in the clear.
The system isn't always fair. Just take your lumps for now and you'll be in the clear.
Posted on 6/30/17 at 10:08 am to Tarik One
I have recently been told it is the age of 18 and if in high school, the diploma too. Bring the last check to the graduation ceremony. Then pay the child if you want to going forward.
Posted on 6/30/17 at 10:10 am to T Blair
Divorce laws are so fricked in this country. They rape frick men into the ground.
But I also laugh my arse off at divorced people with kids. Losers.
But I also laugh my arse off at divorced people with kids. Losers.
Posted on 6/30/17 at 10:11 am to FLBooGoTigs1
be patient its not much longer
she will be in college soon or some occupation for work, time to change your priorities in terms of support. not just monetary to make sure to reinforce the values and skills you gave to your daughter.
try to stay optimistic about this.
she will be in college soon or some occupation for work, time to change your priorities in terms of support. not just monetary to make sure to reinforce the values and skills you gave to your daughter.
try to stay optimistic about this.
Posted on 6/30/17 at 10:16 am to Tarik One
You get tired of taking lumps. The ex always tells me that's what it says on the paperwork. Trust me I had to spend 4k to get my oldest son off of child support that I payed her for 6 years even though he did not even live with her he lived with me. Now the PAPERWORK says child support ends when she turns 18 years old and graduates high school. Now I find out I have to go to a hearing in almost 4 months mean while she is still receiving child support from my paycheck because it is state ordered.
Now my lawyer tells me we can draw something up for her to sign if you don't want to wait for the hearing. My ex wife will not sign shite because she knows she will still get paid if she doesn't sign. bullshite
Now my lawyer tells me we can draw something up for her to sign if you don't want to wait for the hearing. My ex wife will not sign shite because she knows she will still get paid if she doesn't sign. bullshite
This post was edited on 6/30/17 at 10:20 am
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