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Author Topic: Post majority child support question  (Read 345 times)

23ncp

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Post majority child support question
« on: Apr 04, 2017, 06:36:16 PM »
I have posted in the past and have had every day of 18 years to think of my next move. In summary, CP was able to grease a psychiatrist (yes you read that correctly he sees a psychiatrist in part for COUNSELING not a psychologist) into asserting a diagnosis that my child is mentally ill. My hypothesis is that this was done so CP can collect child support as long as possible....perhaps even for life. The child is already on a 504 plan in a very progressive area of the country.

The child is now failing their junior year and I speculate that the child will be left back. According to the order:

Child support continues until the age of 18, however if the child is over 18 enrolled in high school full-time and expected to graduate by the age of 19, support for that child shall continue until high school graduation or the age of 19, whichever comes first.

The child will turn 18 this year in September. I suspect that the mental illness card will be pulled right after child fails their junior year and CP will file a motion to modify child support post majority based upon child's mental illness.

I have no access to my child even though I have "shared parental responsibility". The child has been convinced that I am bad and the judge will not force the child to see me.

I have to be discrete in any effort to prove that my child is off having a good old time while racketeering with the CP.

However if I blow my cover the CP will surely take action of some sort against me. CP essentially advised me to stand down or CP would make my life a living hell. Even the lawyers agree that I should shut up and do exactly what CP says.

When my child was first diagnosed as "mentally ill" a few years ago and was sent to the hospital a few years ago, I spoke with the admitting psychologist at that time who was very adamant that the mental illness situation was essentially fraud by the CP. I was so overwhelmed with the situation at the time that I didn't take good notes. I was thinking of reaching out to that person again, but they are unlikely to remember our conversation and may develop amnesia if they suspect that I am using their words as a testimony. Would you reach out to that person? I am 1000 miles away from that area. That person is more than likely no longer working there. I DO have all of the medical records for that incident and do have that person's name. EDIT: On second thought, I don't want to give CP any ideas on post majority support if this is not what is on their mind....but I have been VERY accurate in every predicition of my case....right down to never seeing my child again. Everyone thought that I was nuts, even my counselor at the time did when I told him that I only wanted counseling because I knew that I'd never see my child again and simply wanted to shut the rest out and learn to cope with that.

Also, I am surprised that no lawyer I have ever spoken with has brought up the idea of using a private investigator as a proactive measure in this case. Everyone in the system seems so beat down and helpless including the lawyers.

Might you hire a PI to see if the child is working/driving...doing things that some normal 17 year olds do? If I try to get child's driver's license....the State will surely send the record back to the CP "accidentally" thereby irritating the CP into taking action against me.

I have 3 different attorneys (even my phone attorney who specializes in Family Law) telling me stand down and don't do a thing. Just see what happens.

Any speaking with the child's teachers results in a tattle tale situation and is very dangerous to my case. I can see my child's grades (nearly straight F's in the last quarter), but all the child has to do is change the password and it's game over until I jump through 50 hoops to regain access as usual.

By the way, the initial alleged diagnosis of mental illness was supposedly due to induction of drug use. Someone at my job asked me if post majority child support could be awarded if the situation was self-induced. I like the idea, but in the world of "family" law, I bet how it allegedly happened is meaningless. By the way, his diagnosis is "severe anxiety", but that I am confident (even my lawyers are confident) that could be changed at the drop of a hat.

Any idea whether an alleged mental illness which was self induced can be used as a defense to post majority child support?

Thanks.

 


MixedBag

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Re: Post majority child support question
« Reply #1 on: Apr 05, 2017, 05:56:31 AM »
OK, THIS answers some of my other questions in the other section.

You have spoken to other attorneys.

You have a unique situation.

Your attorney is not going to recuse themselves because your case might make a "name" for themselves down the road.....this situation probably doesn't come up very often.

SO......what do you do.

First, take the time between now and graduation to learn all that you can about "age of majority" support in your state that has jurisdiction to include whatever Social Security there is available for a disabled young adult.  You have time to get really smart about this subject.  Think health insurance -- can you carry her beyond high school? 

I have a friend who is custodial to her son and this child has some health issues that might make him a disabled adult. He's turning 18 soon.....she had to do something with Social Security and file something to protect a potential claim on his behalf down the road before he turned 18.  So that's why I'm bringing that up.

Start looking for case files on line in the state that has jurisdiction that cover this subject.

Maybe find a law school in the jurisdiction state and see if they have a student group to assist with this (West Virginia University does).

So your child will "emancipate and graduate" at a certain date.  Then file for emancipation, and Mom will have to file for age of majority support based on a disability.  Get ready to ask for proof of the disability and that's when you fight this.

As for pissing mom off and therefore pissing child off.....that depends on what kind of relationship you have now as to what I'd say to do. 

 

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