18 Year Old Moved Out While Still in High School, Does She Still Get Child Support

[sirden1959]

My question involves child support in the State of: Montana

Back ground

My ex and I are divorced. He is on SSDI which x amount is automatically taken from his monthly check. 75% of this amount is for present child support. 25% is for arrears (?) child support never paid before he got on to SSDI.

The divorce agreement was he would pay x amount till both daughters were 18 and in high school. I have one daughter who decided on her 18th birthday and still in high school, decided to move into her boy friends house. While she still attends school, she is in her final year.

Question:

Her father wants the child support to stop because she is living on her own. Will the Human Service Child division stop her child support since she decided to move out of my house? Can he force the issue?

[LawResearcherMissy]

Her father wants the child support to stop because she is living on her own.

OK, if she's on her own, why would you need child support for her?

Will the Human Service Child division stop her child support since she decided to move out of my house?

If he petitions for it, it's entirely likely.

Can he force the issue?

Yup. He can go to court and petition for it to be stopped, on the grounds that you're no longer supporting her, she's on her own now. He would still owe the arrears, of course, but he could ask the court to order anything over and above the arrears to stop.

[cyjeff]

You mean, should you still be paid for caring for the child when the child no longer lives with you?

[sirden1959]

No I want to know if she cna still get child support even though she no longer lives at home. I turn all the money over to her except what was past due to me.

Thank you for helping. You made it more clear to me. I give her all the child support except what is paid on the arrears. After all it is her's. I dont want to get into trouble. Thanks for making this more clear

[sami45]

I think child really need a support and carring even thougt they no longer live at home ....what you say!!!

[ph_dudley]

You as the mother are the payee on the child support order. If the child is nolonger in your home than you are not owed the current child support, just the arrears owed to you. The child can petition the court to become the payee on the order and then the father would have to pay her. Also the child could petition the court to have you pay support also as both parents are responsible for supporting their child.

[Dogmatique]

You as the mother are the payee on the child support order. If the child is nolonger in your home than you are not owed the current child support, just the arrears owed to you. The child can petition the court to become the payee on the order and then the father would have to pay her. Also the child could petition the court to have you pay support also as both parents are responsible for supporting their child.

Please explain this.

As applicable to OP's situation...and STATE.