CS Termination Questions

[OzrkChic]

Dear Soc,

My DH has two daughters living with their mother in Nebraska. They moved from Iowa to NE last summer. However, he is still paying CS through IA CRSU. Here is the CS clause in the last modification.


Child Support: Based on the financial affidavits filed herein and the visitation schedules agreed to by the parties, the Petitioner and Respondent agree that Petitioner shall pay the sum of seven hundred fifty dollars ($750.00) per month to the Respondent as child support for the minor children beginning November 1, 2000.

Questions:

1. If IA is still collecting CS when the oldest girl turns 18 in 2005, how can he get the amount reduced by 50% to reflect that she is no longer a minor?

2. Will the state automatically reduce it?

3. Will he have to send a copy of the birth certificate to the court requesting that it be reduced?

4. Will he have to go back for a modification to have it changed based upon how it is worded at this time?

5. If she does not change the CS from IA to NE, if he has to file for a modification, will he have to do it through IA or NE?

Thanks for your help.  
Mika

[socrateaser]

>1. If IA is still collecting CS when the oldest girl turns 18
>in 2005, how can he get the amount reduced by 50% to reflect
>that she is no longer a minor?

He must file a motion to terminate child support on the oldest child, and to modify support going forward. If you still live in IA then you must do this in an IA court. If neither of you, nor the children, live in IA anymore, then you will have to file the motion in NE, or wherever the custodial parent and the children live at the time you file the mod.

>
>2. Will the state automatically reduce it?

No. You must file for the mod and termination, and a new guideline support obligation will be calculated.

>
>3. Will he have to send a copy of the birth certificate to the
>court requesting that it be reduced?

I don't know the precise legal requirements for a support termination under IA law, but a birth cert would be some good evidence of the child's age.

>
>4. Will he have to go back for a modification to have it
>changed based upon how it is worded at this time?

Yes.

>
>5. If she does not change the CS from IA to NE, if he has to
>file for a modification, will he have to do it through IA or
>NE?

I'm now guessing that you still live in IA, therefore IA has jurisdiction for all proceedings in this matter.

[OzrkChic]

>>
>>5. If she does not change the CS from IA to NE, if he has to
>>file for a modification, will he have to do it through IA or
>>NE?
>
>I'm now guessing that you still live in IA, therefore IA has
>jurisdiction for all proceedings in this matter.


We live in New York. I just didn't know if we would have to go through IA since they are still collecting the CS payments or if we would have to go through NE since BM and the girls live there now. Thank for your help. I appreciate it.

Mika