Question

[Bubbles]

My husband wants to file to cease child support.  I understand that there is no form for this, as it is not a modification it's terminating child support altogether.  Reason?  His daughter is nearly 21 and still not finished with high school, as her mother allowed the daughter (she's the sole custodial parent) to blow off two years between 15 and 17 and not attend school.  She has communicated nothing in four years about the daughter's school and allowed her to take vocational training for a year, making high school take even longer.  Husband stopped paying when the daughter turned 18 and the mother did nothing until last month and she filed with DCS to collect $10000 in arrears and make him pay until she finishes.....whenever the heck that's going to be, we don't know.

DCS is garnishing his wages now, $500 a month.  We have a $1445 house payment, one income of $3000 and three minor children.  We drive a 1992 truck, 1998 car and the other  set of parents drive a Camaro and Corvette, newer than 2000, and there are "so" many other things.

Prosecutor told me to request a caledar date, file a declaration/plea, and have our day in court and asking for a stay of collection in there, too.  Shouldn't there be a motion/order?  I just can't see that this is all that we need.  I don't want to go to a hearing and have a judge say that we needed one........we'd look pretty dumb.  And we're doing this pro se.

Please help.

Bubbles

[Bubbles]

Can't some please respond?  I really could use the help.

[KAT]

We need to know what state you are in & specifically what his divorce agreement says on the support issue!
KAT

[Bubbles]

Here it is (it's WA State):

The Respondent/husband shall pay for the support and maintenance of the parties' minor child the sum of $317.00 per month until such time as that child reaches the age of 18 or completes high school, whichever is later, or at such time as the child is sooner emancipated.  In the event that Stacy should pursue post high school education or vocational training, each parent will contribute as appropriate at that time.

Bubbles