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Author Topic: Child support nearing end with outstanding expenses  (Read 1703 times)

dsm

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Child support nearing end with outstanding expenses
« on: Feb 22, 2007, 05:59:09 AM »
State of case:  WI    my child's mother, my daughter (age 17), and I all reside in the state of WI as well

Current order regarding child support reads: "Mother shall pay the amount of $150 per month in child support to Father via wage assignment."

Current order regarding medical expenses for child reads: "Father shall carry primary medical and dental insurance for the child.  Mother may obtain additional insurance at her expense.  Any expenses not covered by insurance shall be equally split."

Current order regarding other expenses for child reads: "Father shall be responsible for costs of schooling, textbooks, actvities, etc.  In the event that a cost is $25 or more, the cost shall be equally split between Father and Mother."

Child support comes in fine.  My issue concerns the other expenses.  There is outstanding balance of $1000 which my ex acknowledges is hers to reimburse me, but she does not send anything toward this.  I have been trying to work with her for over a year now on this balance.

Yesterday my ex called me and suggested that I write up a letter to her suggesting to increase child support by $50 per month.  She said she would sign it and then send it to the courthouse and that would take care of her end of the expenses.  

Increasing child support by $50 per month will take her 20 months to pay off.  My daughter turns 18 in September, but will not graduate high school until June 2008.  It is my understanding that child support continues until the child turns 18 or graduates high school, whichever is later.

1.  Can a child support order be changed simply by sending in a letter that both parties have signed?

2.  If I went this route, what would happen in June 2008 when my daughter  graduates and child support order ends?  

3.  Would I be able to stipulate child support continue until expenses are clear?

4.  $1000 is the balance today.  What happens as more items come into the mix (college applications, senior activities, etc)?

Thanks!


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socrateaser

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RE: Child support nearing end with outstanding expenses
« Reply #1 on: Feb 22, 2007, 07:28:27 AM »
>1.  Can a child support order be changed simply by sending in
>a letter that both parties have signed?

No. You need a new order, which you can stipulate to on motion, or ask the court to enter on adversarial motion.

>
>2.  If I went this route, what would happen in June 2008 when
>my daughter  graduates and child support order ends?  

I don't know -- but, I'll bet it has something to do with you never getting paid -- don't you?

>
>3.  Would I be able to stipulate child support continue until
>expenses are clear?

No. Once support is terminated, the court's jurisdiction to order further support terminates, too.

>4.  $1000 is the balance today.  What happens as more items
>come into the mix (college applications, senior activities,
>etc)?

Your current order is non-standard, because it orders the other parent to pay for schooling costs -- which ordinarily would come from regular child support. Health care is an add on -- not schooling -- unless the child has special needs that a public school cannot provide.

If you go to court you will get an order for child support based on what the other parent makes, which may or may not be more than what you're currently receiving (or are entitled to) when considering the additional schooling costs.

I can't do the math for you, but if what you're getting now is more than you could get by forcing the issue in court, then I would let things go until just before the child is graduated, then I would go to court and show all the unpaid receipts and ask the court to give you a judgment for arrears. Then you can continue to garnish the other parent's wages to collect the balance due after the child is an adult.

Alternatively, if you think that the court will order signficantly more support ($150 per month is ridiculously small by any reasonable measurment), then ask the other parent to stipulate to a reasonable amount now which will extinguish her $1,000 obligation by the time that the child is graduated, or go to court and force the issue.

 

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