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Author Topic: Child will be 18 in December 2006  (Read 1646 times)

VeronicaGia

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Child will be 18 in December 2006
« on: Aug 11, 2006, 10:43:17 AM »
Dear Soc,

Glad to "see" you and thank you in advance for any help.

Court order is in CA, obligor is in MI, child will be 18 in December 2006.  Obligor was diagnosed with a rare muscle disease that cannot be cured, almost a year ago and has not worked since, has been borrowing money from family to pay ongoing support.  He has filed for SSDI, but you know how long that can take.

1.  How does obligor go about filing, pro se, to try and emancipate the child in December?  Obligor may have a template to request a telephonic hearing, if necessary.

2.  How does obligor find out if child is still a "full time high school student" as outline in CA law without the help of an attorney.

3.  Is it worth it to try and find an attorney who works cheap to do this instead?

4.  Is the burden of proof on the CP to prove the child is still a full time high school student?

5.  If the CP does not prove to CSE that the child is still a full time student, does this even go to court?

Any other suggestions you may have are more than welcome.  Again, THANK YOU FOR ALL YOU DO!


socrateaser

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RE: Child will be 18 in December 2006
« Reply #1 on: Aug 11, 2006, 11:36:52 AM »
>1.  How does obligor go about filing, pro se, to try and
>emancipate the child in December?  Obligor may have a template
>to request a telephonic hearing, if necessary.

Support in CA terminates by operation of law, when the child is self-supporting (meaning physically capable of working a 40 hr per week minimum wage job) 18 and graduated HS or 19, or married, whichever occurs first. There is no emancipation required under such circumstances. You merely need to file a motion to modify support and ask that the court terminate the current wage assignment on grounds that the child has satisfied the requirements of the statute.

>
>2.  How does obligor find out if child is still a "full time
>high school student" as outline in CA law without the help of
>an attorney.

If the parent has legal custody rights, he can write to the high school and ask for a copy of the child's records. Alternatively, you could simply file the motion to modify and allege based upon your "good faith belief," that the child is graduated, and it would be up to the other parent to produce evidence to demonstrate the contrary.

>
>3.  Is it worth it to try and find an attorney who works cheap
>to do this instead?

I dunno. Is it? ;-)

>4.  Is the burden of proof on the CP to prove the child is
>still a full time high school student?

See above.

>
>5.  If the CP does not prove to CSE that the child is still a
>full time student, does this even go to court?

Screw CSE (DCSS in CA). You need to file directly with the court if you want to end this quick.


speciallady

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OT--my friend VG
« Reply #2 on: Aug 12, 2006, 07:56:00 PM »
18 soon? where has the time gone and when do we party?lol
Just and FYI since we had similar situations...and both Ca orders...
When dh's twins turned 18, she had to prove they were still in school as we got a letter stating she had NOT done this and current support was going to stop..
evidently, she notified CSE at the last minute the the kids were indeed in school still (18 in March--not graduating til June).
THEN, in June, as soon as they graduated, CA CSE sent dh another letter letting him know the current obligation had ended and all monies were going toward arrears.
So, in refence to your situation, hopefully, CA CSE will ask her for confirmation that the child is still in school and if not, support ends..the way I understand it.
email me for more info if ya's want to :)

VeronicaGia

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RE: Child will be 18 in December 2006
« Reply #3 on: Aug 13, 2006, 05:37:36 AM »
1.  I presume this is the standard "modification to support" form that obligor can easily find online.

2.  Obligor has no custody rights, and child may be "home schooled."   But oblibor will refer to item  of your response.

3.  Sorry, a dumb question....Obligor has absolutely no money to spare and cannot afford to waste even a dime.

4. Ok

5.  How long in advance should this be filed?  Obligor is thinking mid-November.

Thank you again!!!!!!  :)

VeronicaGia

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My friend!
« Reply #4 on: Aug 13, 2006, 05:39:39 AM »
I wish obligor could afford to party!  I will e-mail you, and I apologize for not keeping up.  Work, obligor and stress have sapped all my energy and required all my time.  It's been a rough road.


 

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