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Question About Getting Support Stopped

Started by caninemom, Feb 19, 2004, 10:59:51 AM

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caninemom

Can anyone tell me how to go about gettng child support stopped ? My husband's daughter will be 18 in August of this year and graduating  (hopefully) in June. We live in Ohio and I am wondering how we go about getting child support to stop.  One person said we need a court order.  Another said all we have to do is go to her high school and get proof or her graduation date.  I am confused.....Any help will be appreciated.  

Thanks.

kiddosmom

OK, first you need to wait till she turns graduates, no cs will stop till then even if she does turn 18.
File a motion with the courts to modify-teminate cs.

proseworks

Child support may not end once your husband's daughter turns 18 or graduates high school.  It will depend on the state you live in and their child support guidlines.  Your husbands daughter may be entitled to support while (if) she attends college on a full time basis.  The only thing you can do is ask for a modification of the current order.

MixedBag

Here in AL, I will not need an order to stop CS when the kids are of age.

Each state's timing is different -- and I'm assuming that you are sure of your facts for Ohio (sounds about right from what I remember in DH's decree from Ohio).

Then contact DHR (or CSE -- whatever it's called) and ask THEM what they require.  Particularly if he's paying through the state....

In AL, this past summer, I just went in and talked to them and she flipped a switch in the computer -- no order, no diploma, no nothing.  But I'm the CP in this case.  EX wanted -- no INSISTED -- on a court order and I said "Fine, I'll draft it up, you sign it, I'll sign it, and send the filing fee of $185."  No kidding.  Even on one where we agreed to everything in the order -- no arguing, no court hearing required, no nothing.  

He got mad and wanted ME to pay the fee -- and I said "Nope, DHR said we don't need an order and I already put a stop to the oldest daughter."  He just didn't understand even AFTER DHR called and talked to him....oh well.

CS was recalculated based on one child -- and now we are down to one.


ConcernedCP

Contact the CSEA in your county a couple of months before your stepdaughter turns 18 (June is good...so then you know if she will graduate).  Ask them for the form for an administrative termination of child support.  Complete the form and return to the CSEA.  They will perform an administrative review and recalculate support if their are other children on the order or terminate if she's the only one.  

In Ohio, unless there is something specific in your DH's decree, support does not continue past 18 (if child is not in high school full time) or 19 (if in high school full time), or if the child is deceased, married or emanicipated (exceptions made for  disabled children unable to contribute to their own care).

Congrats!

stepmomtwo1

My dh had modification last fall and they said next winter about 6 months before ds turns 18 they will send a paper to each parent asking when they think child support should stop. The divorce papers say "18 or graduates high school which ever comes last" and even though step daughter is homeschooled the county superintendent says once she is 18 they won't homeschool her so we will say on her 18th birthday we are done.

I agree that your dh (their sticklers about no issues being discussed with anyone but the bio parents) call and find out what he would need to do. Your not wrong for wanting your money. They don't mind getting the money for the moms as fast as possiable so when it's time that you get to keep the money for yourself then do it. You have paid your keep for this child.  

We have one year longer then you and I'm counting down the days. Then we can have the new cars and not the ex. We don't pay for our 5 kids what we pay for this one a week.

antonin

Back in 1992 my son from first marriage turned 18. Six months before, I filled forms with FOC. They ignored them. Ex collected CS 8 months past son's 18th birthday.
I had to get a lawyer in AZ, fly there and deal with it. In the end I got an 8000.00 judgement against ex. She filed bankrutcy and got out of the debt. I can't get out of CS by filing BK; but apparently the CP can get out of overpaid CS by filing BK.

A court of equity, right?

bigred4533

we live in michigan and when my husbands daughter turned 18, the child support stopped.  
He was never behind on anything so dont know if that made it easier or what.  
What does your judgement say?
good luck
I do know that if you are behind at least in michigan the payments do not stop.

missmindy

Stepmomtwo1, I know exactly how you feel. That's why I like this forum; there are so many people that are going through the same thing and won't jump down the other's throats for saying what we all feel. My husband pays support to 3 kids; 2 from a marriage and one from a loony ex girlfriend. To the ex wife, he pays about a fourth of what he grosses. She makes at least double what he makes, and his oldest turned 18 LAST July and he is still paying for her because the ex had the nerve to ask for help with the kid's college and car payments. He pays $40 a week to the ex-girlfriend, who is wanting even more. (She has gotten welfare since she became pregnant with their daughter who is 11 now, and has worked literally about 6 months her entire life. She's 31 now.) We have 2 ragged out vehicles that need tires and repairs badly; we can barely afford to pay our bills, our 4 kids do without so that weekly child support bill can get paid, and all judges and exes care about is "Well, you shouldn't have had more if you can't take care of the ones you have." MAYBE true, but they're here now and it isn't their fault. Read my post from a couple of days ago and you'll see what my husband goes through.  His next oldest is 16 and THEN that's it for those 2 (but the ex-girlfriend will be in court asking for more before the termination papers are even dry, that's how she is, and the way courts are today, she'll probably get the difference and we'll be right back here). Oh well, glad to know people are here to talk to.

sweetnsad

I can't even tell you guys how jealous I am that you are almost DONE with the CS...we are just beginning...and we are flat broke....My SO pays $850 a month for his three kids (8, 6, and 4)from a previous marriage...my ex doesn't pay a dime for our daughter( 6 ) and me and my SO have a child of our own ( 11 months ) and another on the way....yes, stupid to have so many kids if you can't afford them, but hey, it's not their fault...my last pregnancy certainly wasn't planned, but you do what you can...

So basically, we are broke...my kids don't get nearly what his kids get...we go without to pay her child support and believe me, she's a witch when it comes to it...she can take trips and buy fancy clothes..but me?  No way...second hand for all of us...if we had his kids with us, it would never cost us that much...I'll never understand the CS guidelines and how they are written.  They basically say "who cares" about our kids...his first kids are all that matters.  They leave us with nothing in the end.