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Termination of Child Support

Started by imabean, Dec 05, 2006, 09:25:56 AM

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imabean


socrateaser

>1.  Do I need to file anything to terminate support or do I
>simply mail the last check and I am done?  Again, CS is paid
>directly and is not withheld by wage garnishment nor goes
>through CSE...

This is a question of MD law. The answer is different in every jurisdiction, so I can't answer you without researching. You may as well ask a local attorney.

>2.  Is the correct ending date the 18th birthday as originally
>ordered in 1996 or the new law (CS ends upon graduation) that
>was passed in 2002?  I intend to pay until graduation anyway,
>but I was curious what legally is the correct ending date?

Generally, changes to civil (not criminal) law is treated as retroactive, unless the court order specifically provides that no subsequent law shall have any effect on the court's prior orders, the legislature expressly states that the change of law is not retroactive, or there is a constitutional right which prevents retroactivity.

Here, your order "apparently" expressly states that support is to end at 18 years, so you are entitled to terminate payments when the child reaches 18, and it will be up to the other parent to ask the court to modify the prior order on grounds that the legislature intended the law to be retroactive.

I won't speculate on the possible violation of constitutional rights in this instance, because arguing that a law is unconstitutional will probably cost you more in legal fees than just paying the remaining support obligation.