Re: Failed to Graduate and Run-In's with the Law
If child support is not scheduled to end automatically per the express language of the order and policies of the court and child support agency, then it must be ended by a motion bringing to the court's attention the facts that trigger termination of support under the order, or asking the court to amend the order based upon new allegations of fact and supporting law. How else do you propose that the court would learn that a contingency has been triggered?
If you choose not to bring a petition to modify or end support, you can find yourself looking at support arrears and trying to prove after-the-fact that they accrued after the support order should have ended, or potentially having the court say, "I'm not interested in whether I could have ended support sooner had you brought an earlier motion - I'm enforcing the order through the date you actually brought your motion."
Re: When Can You Get Support Terminated for an Irresponsible 19-Year-Old Child
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Quoting
tcarroll2
My question involves child support in the State of: Washington
I'll do my best to keep this from being a rant...
I am active duty military and I am assigned to duty in Alabama. My children live with my ex-wife in Washington State.
My son should have graduated high school this year. He will be 19 this summer (held back a year as a child). He has no disabilities, learning or otherwise.
He has failed to maintain a passing grade in his classes all year long and now must return for another semester to attain his high school diploma.
He managed to get charges for a minor in possession of alcohol and marijuana and he was convicted of a DUI this past year.
I personally believe his mother is failing as a parent. She is his friend first and a parent last.
I was discussing the end of child support for him with his mother when she informed me today that the order for child support states (quoting from the order) "Support shall be paid: until the child(ren) reach(es) the age of 18 or as long as the child(ren) remain(s) enrolled in high school, whichever occurs last..."
Can you see where this is going? I thought my head was going to explode. What kills me is that he can continue to screw up and remain enrolled in the alternative school (which he has been attending since the beginning of the second semester) and cost me $800 per month.
What are my options and can I get child support stopped for him? Can the court order him to come live with me and she pay me support (I'd put my foot in places that would get his attention if you know what I mean).
I have another son who is two years behind and in the exact same situation, so I need to know how to handle this.
Thanks for any advice.
Tom
Dad, I am going to add some information here that has not been addressed yet, which is very important. You stated "children". Obviously there is at least one more child that you are paying support for besides your son.
Are you aware that child support for one child is NOT 1/2 of child support for two children? Are you aware that when one child ages out child support is then recalculated for the remaining child(ren)?
If your income has increased since the last time your child support was modified, I would strongly recommend that you STOP and do some research before making any hasty decisions. Google an online child support calculator for WA and run the numbers. The last thing that you want to do is put yourself in a bad position with child support...and you are taking a risk if you don't do your homework first.