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WHEN WILL CHILD SUPPORT STOP

AliceP's picture

Submitted by AliceP on Mon, 08/20/2012 - 7:35pm

This is a question for my friend. She was so excited in June when her step daughter graduated. SD is 18 and leaving for college on Wednesday however child support never stopped, they are still garnishing. He doesn't owe arrears, she is still on his medical plan and there is no agreement about paying for college in place. She has all the scholorships she needs anyway. He called DCS to see why and they just said they will send him paperwork and they also brought it to his attention that 200 extra dollars has been being taken out for Daycare. lol these kids are 17 and 18. So is he an idiot for assuming it would all just stop or does he have to jump through some asinine hoops to get it stopped?

Comments

dontcallmestepmom's picture

Submitted by dontcallmestepmom on Mon, 08/20/2012 - 7:49pm

Just went through this. Yes, they most likely have to petition the court or they will NEVER stop the CS. That is what my DH had to do, but he had to wait until after his son graduated. Then, we had to wait for several weeks bc BM was served with the papers and she was allowed time to fight it. BM did not fight it, the hearing was held about 5 weeks after the kid graduated, and the judge signed that day.

If the state they are in allows it, CS may continue until she is finished college. My state does this-18/high school graduation is not always the end of CS. If my DH's son had gone to college, he would still be paying CS, could have been for 4 years. They are still garnishing DH's wages, but it goes into a separate account. BM stopped getting paid about 2-3 weeks ago.

I agree-he needs to get on it right away; the more he waits, the more money to BM. He would probably have to take her to court to get it back.

It was not that complicated for us to file, but we were warned that any mistakes or BM fighting it could have caused a major delay. The paperwork was not that complicated and we spent about $50. A lawyer would have charged a lot more, but if BM had fought it, we would have had to call the lawyer.

stepmomto3bioto1's picture

Submitted by stepmomto3bioto1 on Mon, 08/20/2012 - 7:52pm

Holy crap!!! Child care for a 17 & 18 yr old?!? Wow-he needs to get on top of that pronto. Petition to modify do that poor guy can get on with it!! Wow. Child Care!!! Lmbo

AliceP's picture

Submitted by AliceP on Mon, 08/20/2012 - 10:47pm

He is not required to pay for college because the order states that BM would have had to petition for it and she hasn't. But thanx good to know, it seems pretty unfair that he has to petition while she still gets paid and than she gets to keep all that extra money. And he should have modified the child care thing when he knew they were no longer going to a babysitter but he just sat on it I guess which is why my friend is on the verge of DIVORCE, he is being so casual about the whole mess.

Rags's picture

Submitted by Rags on Tue, 08/21/2012 - 2:22pm

Yep, he is an idiot. He needs to file a stoppage NOW. In fact he should have filed it several months before the kid turned 18. Remember, states make money from the Fed on CS collected so they are not going to cut their own throats just to do the right thing. Besides, we are talking about people who are the bottom 10% of the employable population and who likely could not perform the basic brain functions required to make a viable and moral decision like actually ending CS according to the CO that they hold your friend's DH to. So, he will need to cut off each element of the CS he is paying according to the schedule.

My Skid's SpermIdiot, more accurately SpermGrandMa, filed to end CS several months before my SS turned 18. It stopped on his birthday.

The CO ordering CS for my SS also included some childcare element. DipShit nor SpermGrandMa filed to end that element of CS when SS turned 12 and it continued for 6 more years. Though when the childcare element was awarded the Judge told both DipShit and my wife that they would have to file stop that portion of CS when SS turned 12. Of course my wife did not file. Not our problem that they are idiots.

I would suggest that if your friend's DH is so out of touch to not have a clue about this type of thing that your friend is going to have to take control and make sure to put the appropriate paperwork in front of him for signature so she can preserve as much of her family income as possible.

Often people involved in a custody/visitation/support CO are their own worst enemy and the oppositions greatest ally because they use the ostritch method or emperor's new clothes method and remain voluntarily and completely clueless. Time for your friend to become an absolute expert on her DHs CO and all other relevent supplemental local rules and state governance relevant to her DHs CO. If her DH refuses to protect himself, his spouse, his home and his full time family then it is up to her to do it.

IMHO of course.