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Author Topic: we bit the bullet...have appt. with local lawyer  (Read 1938 times)

mom2boys

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we bit the bullet...have appt. with local lawyer
« on: Jul 18, 2005, 09:17:52 AM »
Hi all,  

Stepson is 18 years old, graduated in June from high school, living in his own apartment, working full time, etc. etc.  

We have our appt. with a lawyer to find out about support obligations.  I am  hoping we can get everything out in the open in our 1/2 hour consultation to find out what our options are.

What things should I bring with me to this appt??  I want to be prepared.  I will bring a copy of DH's support order.  

The custodial parents has sent us some bills that are over and above child support and she is asking us to help her with them, we feel they are not needs just wants for the child, we are not sure they are our responsibility, can we bring these and find out if we are obligated to pay them or not?

We are in NY state by the way.  And if they tell us support continues until the child is 21 years old, can we have the support order changed to reflect the child receiving the money, not the mother.  He has not lived under his mother's roof since July, 2004.  From July 2004 through June 2005 he lived with h is girlfriend and her parents, in June 2005 he and the girlfriend moved into their own apartment together.  

Thanks for any help.

**Crossing our fingers that the end is near**

Mom2boys



joni

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RE: we bit the bullet...have appt. with local lawyer
« Reply #1 on: Jul 18, 2005, 11:51:36 AM »

a copy of his birth certificate, high school diploma

mom2boys

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RE: we bit the bullet...have appt. with local lawyer
« Reply #2 on: Jul 18, 2005, 11:53:45 AM »
we don't have a copy of his son's birth certificate.  How do we request one?  

Also we do not have his diploma, I assume we can call the school and request a copy of one or a letter stating that he graduated.

Anything else we should be thinking about?

Thanks,


joni

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RE: we bit the bullet...have appt. with local lawyer
« Reply #3 on: Jul 18, 2005, 09:56:43 PM »

http://www.vitalchek.com/region_overview.asp?region_id=39

Under FERPA, even if you DH did not have joint legal custody, he's entitled to information with regards to his minor children (being in high school at the time).

You'd need to write a letter to the school or school district and ask for written confirmation that the child graduated with a diploma.  Try to modify this letter

http://www.deltabravo.net/custody/recrequest1.htm


dipper

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RE: we bit the bullet...have appt. with local lawyer
« Reply #4 on: Jul 19, 2005, 07:37:12 AM »
I think just taking the support order is enough.  
As for the extras, you are only obligated to paying what is in that order....anything outside of that would be a 'gift' to the cp....not counted in cs.  If it is in the order, then it can be sent in that you gave the cp whatever amount and it taken off of cs....but, if it isnt specifically in the order that you can do so...its a 'gift' and you still have to pay full amount of cs.


MixedBag

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RE: we bit the bullet...have appt. with local lawyer
« Reply #5 on: Jul 19, 2005, 08:16:00 AM »
Combined this with what you wrote below...

If mom can't keep son on her policy, and you still have to pay support (which I'm hoping you don't because he seems like he's on his own),
I'd check to see if dad can't add him to his policy and then consider the son covered that way and delete the "reimbursing mom" stuff in the order.

Hope he's considered emancipated.

But have a fall back idea if he's not for the health insurance part.


mom2boys

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RE: we bit the bullet...have appt. with local lawyer
« Reply #6 on: Jul 19, 2005, 08:38:19 AM »
That is a great point.  For that matter, I can add him to our insurance, but the whole question is, if the child is not enrolled in school insurance coverage stops at the age of 19 years old.  I checked our policy for a basis and I cannot cover my children past their 19th birthday unless they are enrolled in full time school, either still in high school or in college.  

I guess if they say support has to continue until he is 21 years old, maybe we can have the insurance part taken out of the support order since neither us or his mother can cover him any longer.  I don't know, we will find out the answers soon enough, I just hope they will declare him amancipated and be done with this.

Thanks for all your advice....

:)

Mom2boys

 

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