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Another turning 18 question, in high school.

Started by TrinSF, Aug 04, 2006, 03:51:24 AM

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TrinSF

Hey! Long time, all that. Here's the question. I have an interstate child support claim originating in Georgia. Georgia law as I understand it says that support is paid until 18 birthday or graduation from high school. My son is turning 18 this fall, but is a senior, so he won't be out of high school until June 2007. My memory/understanding had been that there would be child support (currently direct deposit to CSE) until he graduated. The age/grade thing is not because he is a poor student -- he's exemplary -- but just because of when he started kindergarten.

However, I just looked at the custody revision paperwork which was written by the Court (we were both pro se and the judge ordered the juvenile court officers to draft the custody modification and then sent it to us signed, without ever giving us a chance to check it) and it says until 18, with no mention of high school. This will create a hardship, of course.

Because it's an interstate claim, Georgia won't let me contact them directly about this  -- I have to go through my state, California. So, here's the deal -- will Georgia CSE automatically continue until child graduates, or will my ex be able to stop payment at birthday month?
Can/should I appeal? How likely is that to be granted? Am I screwed because the Court wrote the custody modification decree that way?

Thanks!

reagantrooper

"This will create a hardship, of course. "


Ever consider the hardship it has been for Dad to send you your "free money" all these years?


"Am I screwed because the Court wrote the custody modification decree that way? "

Why on earth would you be screwed? Been living off "CHILD support" all these years have we?

Why is the Son in CA and Dad in GA? Has it been this way for long?



ocean

If it orginated in Georgia, why won't they talk to you? The orders were orginally from there? You go by your court orders, not by the new laws that have been past since your papers were written so it should be stopped at 18.
Good luck!

TrinSF

Wow. I'm not sure about the chip here. My ex had primary custody for most of the children's childhood, but he got involved with a woman who was physically, emotionally, and mentally abusive to the children. They eventually begged me to please take them out of the situation, which I did with help from SPARC. Folks who were around at the time (2002-2003) know about the situation, and are aware that I did everything I could to avoid what happened, and also about the abuse, which made one child suicidal.

As for my ex paying child support, well, I paid it faithfully every moment the children lived with him, but when they came to live with me, oh, he didn't pay a cent until he had a contempt order from the state. He finally started last year -- so he's paid support for all of one year, not "all these years."  I use the money for my children's educational and living expenses, for the most part, as my living expenses are separately provided for. Will it create a hardship? Sure. I hate to have to tell my son that I can't afford for him to have any more independent study classes, or bus passes, or other things that the money paid for him to have, any more than I would want my daughter to have to stop taking art classes or other extracurricular activities. Their child support money has been used exclusively to enrich *their* lives; I pride myself on not spending it for anything except that.

Why is the son in CA and the dad in Georgia? Because ex's girlfriend told my ex to choose her or our son, and my ex chose the girlfriend. He hasn't had any contact with our son in 3 years. Son *asked* to change custody because he was so miserable, and because he was at an age where children can elect, the court respected his decision.

You know, SPARC was instrumental in getting my children out of an abusive situation and into a safe environment. Both children have PTSD from the time they spent there, daughter particularly so. I'm not an evil parent, and I don't expect to be treated like one here.

TrinSF

The new laws were in place before the custody modification order.

Because the claim was pursued by the state of California, Georgia recognizes the parties to the claim as the non-custodial parent, the state of Georgia, and the state of California. I have no standing, and they literally *hang up* on me when I try to ask questions. (I know because when ex finally began paying on the support, it was misrouted for over a year, but I wasn't able to get any information about it because Georgia withheld it and said only my state's caseworker could have any information.)

I just feel bad for son because that money would go towards school supplies, college visits, college application fees, etc, and not having it means it will be hard for me to afford those things for him.

reagantrooper

OK! so mayby you are the exception to the rule.

ocean

and California will not help you either? If not, I would go to the court that gave the child support order and ask for termination and get it done that way. Have you asked Soc?

TrinSF

I'm talking to California now, but my experience has been that it takes them a long time to get anything done, even with prodding. (It took over a year to get child support happening after I first contacted them with the order and the non-payment problem.)