Mother of Adult Child Wants Support, But Won't Share Child's Address
My question involves child support in the State of: Louisiana
Wife and child left Mississippi and moved to Louisiana. Divorce granted in Mississippi 1993. I was ordered to pay $200 a month in child support until 18 or if child was in college to 21. Also ordered to pay half college tuition. Visitation was every other weekend, parents meet in Baton Rouge for the exchange.
In 1995 I moved to Louisiana, because mother refused to meet me and court denied contempt charges. Mother asked that the case be moved to Louisiana. I agreed. Went to court for increase in child support. Child support increased to $300 a month. Visitation was still an uphill battle.
In 2005 I moved to Nevada. Began paying $400 a month voluntarily. Visitation still uphill battle.
In 2008 I moved back to Mississippi. Continued paying $400 a month voluntarily. In 2009 ex wanted to make it official. I signed an agreement to increase support to $400 in lieu of going to court.
2011 child turned 18. He wrote a letter saying that he moved out of the house and does not want me to know where he is living. Letter had anti-semetic statements about his 7 year old Jewish half sister (with my current wife). Said he is going to college, but refused to provide any documentation. Mother also refused, saying via text message it is "between ya'll". I reached out to grandmother and grandfather. Both refused to provide college documentation or give my son's new address.
Various text messages from son said he will never see this side of the family again.
Mother says son is on 100% full scholarship. Dropped out of first college, remained living on his own. She says he is now back in college, but still refuses to provide documentation. She maintains it is up to son if he wants to provide information about college or his whereabouts.
Mother recently became disabled and is relentlessly harassing me to send child support and college money, despite the fact she says his college is paid for. She is now threatening legal action.
My question is: Should I wait to be served or make a preemptive strike and petition the court to suspend child support?
Re: Mother of 18 Year Old Demands C.s. but Refuses to Give His Whereabouts
If she does not have the child, you need to file to have the order terminated.
Re: Mother of Adult Child Wants Support, But Won't Share Child's Address
If mom won't provide evidence that junior is in college, you can bring a motion to terminate support on the basis that he's no longer living at home and does not appear to be enrolled in college. Mom can then present evidence that she's entitled to support, assuming junior is in college.
If when you say that your ex is "harassing [you] to send child support and college money" you are stating that you are in violation of the support order, that's silliness on your part. If you believe there are grounds to modify the order you need to bring that motion. You should anticipate that a court will not let you off the hook for support prior to the date you file a motion.
Re: Mother of Adult Child Wants Support, But Won't Share Child's Address
Thanks for your reply. A local attorney disagreed. He said, according to the decree, the CS obligation ended when junior turned 18 and graduated high school... unless proof was provided that he is in college, which both junior and mom refuse to provide.
Re: Mother of Adult Child Wants Support, But Won't Share Child's Address
The CS obligation ends when the court says it ends and not a moment before.
Mr Knowitall is correct.
Re: Mother of Adult Child Wants Support, But Won't Share Child's Address
Quote:
He said, according to the decree, the CS obligation ended when junior turned 18 and graduated high school... unless proof was provided that he is in college, which both junior and mom refuse to provide.
So when Junior turned 18 and you went to court to formally end support, what happened?
See, even when the decree states an end date (frex, when child turns 18), you still have to go to court to formalize it.
Re: Mother of Adult Child Wants Support, But Won't Share Child's Address
Thanks for the responses. It seems I have some work to do.