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re: OT lawyer's -Child Support question

Posted on 6/30/17 at 11:23 am to
Posted by Mung
NorCal
Member since Aug 2007
9054 posts
Posted on 6/30/17 at 11:23 am to
CS is less than the cost of putting them through college. Once the motion to terminate is filed, termination is retroactive to the date of filing., Just pay the kid via check if you are that worried about it.
Posted by YouAre8Up
in a house
Member since Mar 2011
12792 posts
Posted on 6/30/17 at 11:29 am to
quote:

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.


This is how it was in my case, stopped on it's on. I wasn't in arrears and actually had refund payments.
Posted by FLBooGoTigs1
Nocatee, FL.
Member since Jan 2008
54503 posts
Posted on 6/30/17 at 11:33 am to
I am calling child support services next week after the holiday. Hopefully the original paperwork filed I. The courts will be sufficient I can provide documentation of her graduation in May and her 18th birthday back in February.
Posted by YouAre8Up
in a house
Member since Mar 2011
12792 posts
Posted on 6/30/17 at 11:36 am to
CS should have in their system when your payments cease. If it's going on past her 18th birthday they can tell you why.

I had called them a few times towards the end of my payment obligation to make sure all was well on my end. I was surprised they actually worked with me and were nice through it all.

Posted by windshieldman
Member since Nov 2012
12818 posts
Posted on 6/30/17 at 11:38 am to
Have you missed in the past? My wife's ex didn't pay for a few years and even though oldest daughter (no pics) is 18 he is still having to pay. And yes, all the money goes to her and her younger sister.

ETA: saw you haven't missed, I have no idea
This post was edited on 6/30/17 at 11:40 am
Posted by HoLeInOnEr05
Middle of the fairway
Member since Aug 2011
16834 posts
Posted on 6/30/17 at 11:41 am to
Sounds like OPs ex is fricking his lawyer.
Posted by FLBooGoTigs1
Nocatee, FL.
Member since Jan 2008
54503 posts
Posted on 6/30/17 at 11:42 am to
Gris I didn't want to fight her in court she was living very nicely with a nice child support check plus a well paid new boyfriend. She would lawyer up quickly so I bit the bullet until my son turned 18 years old. Figured my ex would not fight the order to end child support on him since he lived with me the whole time. I was wrong she contested the motion to terminate. I spent 4k for a lawyer to go before a judge. The hearing ended in 10 mins. The lady judge asked my ex who did my son live with the last 6 years. She was like but I did this and that. Judge slammed the hammer down and said this is over. I won the case because he was with me the whole time.
This post was edited on 6/30/17 at 11:49 am
Posted by FLBooGoTigs1
Nocatee, FL.
Member since Jan 2008
54503 posts
Posted on 6/30/17 at 11:44 am to


No but I am questioning my lawyers knowledge on family law now I will be talking to child support services myself next week.
Posted by jwall3
Member since Jun 2008
3029 posts
Posted on 6/30/17 at 11:50 am to
Shouldn't your lawyer know this!?

They must be looking forward to billing you for this when it is unecessary.
This post was edited on 6/30/17 at 11:51 am
Posted by GoIrish02
Member since Mar 2012
1390 posts
Posted on 6/30/17 at 11:58 am to
Sounds like you need(ed) a better lawyer.
Posted by WillyLoman
On Island Time
Member since Dec 2007
1719 posts
Posted on 6/30/17 at 12:00 pm to
quote:

now I will be talking to child support services myself next week.


In my one and only experience with them I found them to be very level headed and professional. Have your facts and paperwork handy and explain the situation.
Posted by FLBooGoTigs1
Nocatee, FL.
Member since Jan 2008
54503 posts
Posted on 6/30/17 at 12:03 pm to
Other than the wait time out here they have been pretty good and straightforward with the questions I have had. I used my lawyer to push stuff through the courts but I don't understand why I am waiting for a hearing since there is nothing to contest.
Posted by Putty
Member since Oct 2003
25486 posts
Posted on 6/30/17 at 12:26 pm to
quote:

OT lawyer's -Child Support question


You're a lawyer. You figure it out.
Posted by WhiteMandingo
Member since Jan 2016
5590 posts
Posted on 6/30/17 at 12:36 pm to
That's not always true. I never missed a payment with my ex wife. We went to court for custody got a little chippy between us.
JP court said I had to pay state mandated child support ( state makes 5% of the annual total) under threat of contempt of court. I had no choice. My attorney said we could fight it but we weren't going to win, and you don't want to get into a pissing match when you intend on going back at a later date.
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