going to court

[imdaylene]

My soon to be ex will not sign the divorce papers and we went for what was supposed to be the final resolution hearing and instead because he wont sign since he thinks he should get some kind of child support for our only remaining child.  I supply the health insurance at $295 a month out of my $1150 a month income and he thinks he should be intitled to some cash even though our son will be 18  Jan 10th and has dropped out of school.  He is signed up with the national guard and they are helping him to get his diploma.  The judge set a court date for Jan 9th for a trial.  What does this mean and what do I need to do?

[gemini3]

Unfortunately, all you can do is wait.  It sounds like your STBX is just doing whatever he can to stall.  I know it's frustrating, but just think about how stupid he's going to look telling the judge that he should get CS for a child who will turn 18 the following day. 

[janM]

CS is usually figured out using a calculation that the court goes by. What kind of custody do you have, or are asking for?

Unless your state requires CS to be paid till 21 or finished college, I also think Dad will look a bit foolish asking for it. Do either of you have an attorney?

[Davy]

There has not been enough info. posted to provide an adequate response.  This might be a new view for you but CS (past and present) is for the benefit of the child and not your STBX. I have never understood why a parent would not want the best for their child.

What ever the circumstances, it would be best to work out the issues with the other parent by ageement rather depending on the system to bail you (with preferential treatment).

[imdaylene]

I have always provided the health insurance at a cost of 1/3 of my income.  I have no problem supporting my child and wish that he would stay in school but, he has chosen to drop out and is signed up with the National Guard.  According to the Oregon Child support calculator I #1 make less than the minimum wage and #2 pay too much for health insurance.  Our mediator informed him of this at the one and only mediation he didnt cancel.

I wish that my son would have left with me the day I moved out but he asked to remain in the family home and since he was at the time already 17 I didnt feel I wanted to cause more emotional drama by asking him to choose between us.  We talk on the phone and he comes over but doesnt want to stay the night because of the grief he gets when he goes home. 

When the judge set the date for "trial" on Jan 9th she commented that our son would be 18 the day after court and if he was not in school she did not see the point.  The state of Oregon requires child support for minor children and adult children attending school.  But:

Q:

How long does child support have to be paid?

A:

In Oregon, a parent usually must pay child support until the child is eighteen years old. If the child is going to school or job training at least half time and maintains at least a 'C' average, the child support can continue to age 21. If the child is physically or mentally handicapped, child support may be extended indefinitely. Child support can end prior to age 18 if the child gets married, joins the military, or becomes legally emancipated.

Mostly I am freaking out because I am barely making it now.  No neither of us have an attorney.  In our divorce this is the only issue not settled and what we will have to go to court for.

[gemini3]

It sounds like the judge has agreed to hear the arguement because the child is still a minor, but also sees "no point".  The worst that could possibly happen would be that you would owe some back child support.

Have you used the Oregon state calculator to see what your obligation should be?  The calculator has a field for the amount you pay for private health insurance.  If your income is substantially lower than your STBX's, and you're maintaining the insurance, your obligation could be minimal.

[imdaylene]

Doesnt he have to apply for support for there to be back support?  So far he hasnt because he is unaware of the procedure.  When I go to the child support calculator it tells me that my income is not enough and bumps me up 200 to the states minimum.  Then it says I pay too much for insurance.  State max for insurance is 7%. I pay 295 and make 1157 a month.  Would be more but I drive school bus and have for 13 yrs and my income is averaged out over 12 months even though I only work 10.  I am trying to find full time employment but the economy sucks.

[gemini3]

I'm not sure about your state, but in mine the judge can make the support order retroactive to the date the request was filed. 

According to the online calculator, if you make $1,000 per month or less, the minimum obligation is $50.   

http://dcs.state.or.us/forms/csf020809f.pdf