Child support for 19 year old

[MRBILL2004]

I am from CT. and there was a present left for me Sunday.
It was papers left in the door for me to go to court next
Tuesday. The ex wants me to continue paying CS for
my 19 year old daughter who is still in high school. The law
up here says CS shall continue until graduation or age 19
whatever comes first. My daughter is in special education
classes but is not handicapped or disabled. She was even
working in daycare as a teacher's aid. I called my daughters
school and they will not give me her records because she is
considered an adult now.

The wife who is currently on workmen's comp. wants an increase in
alimony too.


I am not in a position to afford an attorney at present.
Any help would be appreciated.

Thanks.

[Kitty C.]

Are you in contact with your daughter?  If so, she would need to sign a release of information to the school in order for you to have access to her records.  Since she is considered an adult, outside of having it subpoenaed byt he court, this is the only way you could access them.

Did the petition that the BM filed mention as to 'why' she is requestiong CS above and beyond the current order?  If it's the child's spec. ed. status, demand that the BM supply PROOF as to the extent of her needs that warrants CS to be continued.

As for alimony, it's a crap shoot.  A lot will depend on your state laws, how long the marriage lasted, and if there's been changes to your income.  You say that you can't afford an atty., but when you're talking financial issues, you really can't afford NOT to have one.  Many will give free, initial consultations, a good way to get a few questions answered and to feel them out.

[MRBILL2004]

Thank you for your reply.

Yes, I am in contact with my daughter however her mother would never
let her sign a release.  The mother is asking for extended CS only because
the daughter is in SE. That is all that was stated. She just wants more money
from me as always.

The kids are treated to vacations have an $800 dog that the mother bought
along with a newer car. I have a car that I can't afford to repair right now.
The mother has a lawyer too but claims she is always broke.

I also thought that since the CS obligation was going to be reduced I just
made arrangements with the IRS to pay back taxes.


It is strange that the daughter is considered an adult but I may have to
pay child support.


Thanks,

Bill

[Kitty C.]

Since your daughter is now an adult, it's NOT up to her mother as to whether she signs a release or not.  If your daughter is willing to sign a release, there's not a DAMN thing the BM can do about it.

As for the 'reason' for the CS mod., start searching your state's laws in regards to support and you should find comething in there that refers to this.  I bet you dollars to donuts that she would have to be financially dependent on you and the BM before the courts would continue the CS.  In that case, the ONLY way you'd still have to pay CS is if she could NOT live on her own.  And the burden of proof for that falls on the BM.

I have a niece in the same boat.  She's had a job and lived on her own practically since she graduated.  She may have been considered 'special ed.', but the CS to my SIL for her stopped then, too.

[MRBILL2004]

CT law

SUMMARY: By law, parents must support their children until they reach age 18. If the parents are divorced, legally separated, or have had their marriage annulled, the court can issue orders directing such support; and it can extend support for an unmarried child living at home until the child finishes high school or turns 19.

                This act allows the court to order the payment of child support for any 18-, 19-, or 20-year-old who is mentally retarded or physically or mentally disabled, lives with a parent, and is primarily dependent on the parent for support. Judges do not have to follow the state's child support guidelines for these orders. Orders may be issued only for divorces, dissolutions, annulments, and legal separations entered after September 30, 1997, or as part of initial support orders entered after that date in cases involving parents who were never married.

We were divorced in 2001. The relationship is not good. She controls the daughter. I was upset Sunday and I called the ex, the daughter got on
the phone and told me why are your upset about having to pay? I don't
even like you.

The ex is out of work I beleive because of back problems that is why
she wants more money. If it was reversed and I was out of work would
my paymets be reduced?  I doubt it.

[NeverGiveUp]

Seems clear to me.  Wait until you get to court and hear what the judge has to say.  If you can't afford an att then you don't have much choice.

Did you write a letter to your officials telling them that unless they change the laws you're voting for Mickey this November?  It only costs a few cents. If not, then we'll most likely continue to get screwed . . .  

[Mom2004]

I have never seen whichever comes first. It is standard to be whichever comes last. I bet it was a typo....judges will follow the guidelines when there is a clear typo.

[Mom2004]

>>>>and it can extend support for an unmarried child living at home until the child finishes high school or turns 19.

I am going to look that up....first time ever I seen that CS ends before the child graduates but is working on graduating.

[rainbow1]

If your daughter is not receiving Social Security for being handicapped or disabled and never has, you have a good chance of having the CS discontinued. My daughter was in special ed. for learning disabilities but it made no difference because she graduated from high school. See a lawyer right away!

[rini]

hello

I would do a few things here.

first of all because you can not obtain the records with out her permission the court needs to order them to turn them over.  
thus you can not proceed with out the information.

if she provides no copies of anything ask immediately for a continuance and for support to be held in an escrow account until the decision is finalized.

they can do this.

if the daughter has worked this alone is proof that she is not disabled.

the statute states til 19  and as the other poster says if she is not considered disabled by ss standards it would be presumptuous of a judge to say she is entitled to your support.



get a letter ready requesting the documents from the school and her previous employment records and w2's if any.

provide this to the ex by return reciept via attorney and a copy to the courts.

if they do not provide you with the stuff before the hearing ( a few days) you will go in to the hearing and ask for a continuance based on the fact that you cannot defend without them supplying you with the info.\

also post to socrateaser and see what he says on his board for additional info..

remember to follow his posting guidelines to get a quick response.

rini