paying cs in advance

[needit2bover]

Good afternoon:

I saw this question on another forum and thought you might have the correct answer.

My husband has about a year left of CS to pay for his daughter.  The child has nothing to do with him and has not had any contact with him for the past several years (due to PAS issues).  He has essentially given up trying. It is an unfortunate situation, but he has come to accept it, per the advice of his attorneys, parish and just about everyone invoved.  The relationship is beyond repair.

The one point in which the ex maintains contact is in the money issue. She always needs more money for something and can always call for that.

We (DH and I) have discussed before whether it would be a good idea to pay her in advance the CS money for the remaining months (and nothing more) and draw up some document stating that there will be no further contact or payments of any kind.  The current order states that support shall end when the child graduates at age 18 (which she is fully expected to do).

Please note:  The order is following the original divorce order which was in a state where support ends at 18.  The judge stipulated that this would be  his final order and he would absolutely not extend it one day further.  Of course that was in our state.

The state where she lives has support til age 21.  She has never attempted to register it there.. but we suspect that  next year when age 18 looms closer, well, you get the picture.

So when I saw that post at the other forum, I thought I would ask.

Can it be done and if so, can he do it without a lawyer?  How far in advance should he start the paperwork?

Thanks in advance

[socrateaser]

>Can it be done and if so, can he do it without a lawyer?  

Parents cannot bargain away their child's right to support. You cannot pay in advance and thereby releave yourself of any further support obligation. If you won the lotto tomorrow, the other parent could ask for increased support based upon your greater station in life, so support cannot be fixed, because of the possibility of future events (positive, or negative) that might affect the amount).

On the issue of the age at which support terminates, this issue is determined solely by the law of the jurisdiction in which a final order/judgment of child support was first entered by the court. So, for example, if your first support order was made in CA, where support ends at age 18 and graduated high school, or 19, whichever occurs first, and the child moves to Oregon, where support for a child attending college ends at age 21, any Oregon court that is asked to continue support past the date at which support would have terminated were the child to have remained in CA, will deny the request, on grounds that the original order provided for support pursuant to CA law, which does not provide for college age support.

So, no worries.