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  1. #1
    Join Date
    Jun 2011
    Posts
    3

    Default Ending of Child Support

    My question involves child support in the State of: Idaho

    I pay Child Support to Idaho Dept of Health and Welfare. I have paid this support for 16 years without ever missing one payment, current and good standing. My son turns 18 in May of 2012. His mother "held him back" one year in school when he was in the first grade. He will start his Junior year this fall. He does not attend any public school, he takes his classes "online" with K12 Online School. My divorce decree states:

    " It is further ordered, adjudged and decreed that child support shall be paid by the plaintiff in the amount of $800.00 per month through the Clerk of District Court on or before the first day of each month commencing August 1, 1996. "

    That is all that is written in reguards to child support. I have paid all payments with the online system as stated above ID Dept of H&W.

    I have asked two lawyers this question, and got two different answers. One advised me that I will pay until 19, the other said at age 18 to stop sending payments.

    I talked with the Dept of Health and Welfare and she said I had a "Non-Enforced" order and if it were her, she would simply stop sending payments at the age of 18.

    I plan to do that, but, what will happen if my ex goes to a lawyer?? Will I end up with a lean on my home, bad credit reported, garnished wages, or will it be a court process? Anyone have any idea of how this will or could turn out?? Thank you !!

  2. #2
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Ending of Child Support

    I would NOT just stop sending in payments - rather, I'd go to court to have the child support officially stopped as soon as your son turns 18. The worst that can happen is that you'll get a new order saying it must go until he's either 19 or graduates. The best that can happen is your obligation ends, and it's all done officially and properly.

  3. #3
    Join Date
    Dec 2007
    Posts
    529

    Default Re: Ending of Child Support

    Quote Quoting Dogmatique
    View Post
    I would NOT just stop sending in payments - rather, I'd go to court to have the child support officially stopped as soon as your son turns 18. The worst that can happen is that you'll get a new order saying it must go until he's either 19 or graduates. The best that can happen is your obligation ends, and it's all done officially and properly.
    I agree...I wouldn't just stop, without some type of paperwork, but if you do, make sure you have $10,000, just incase you find out a year or two later you still have 1 more year of obligation.

    Idaho
    Termination of support at 18, or to 19 by court order if child enrolled in formal education
    No statute or case law holding parents to a duty to college support in the absence of an independent agreement.
    See Noble v. Fisher, 126 Idaho 885, 894 P.2d 118 (1995) (where father agreed to pay half of college expenses in separation agreement and agreement was merged into decree, agreement was unenforceable as contract).

  4. #4
    Join Date
    Jun 2011
    Posts
    3

    Default Re: Ending of Child Support

    Thank you both, but in the law you quoted it states "or 19 if ordered by the court" . That and the fact child support services and one local Idaho child support attorney said I can just stop makes me question your responses. Respectfully of course, and I understand what you are saying....but I think the worst that could happen would be that she motioned the court to order support for one more year... hmm..still wondering who is correct.

  5. #5
    Join Date
    Dec 2007
    Posts
    529

    Default Re: Ending of Child Support

    I agree with you. But to be safe I would not spend the $800/month until I had a peice of paper in my hand stating it is over. I am pretty sure if you stop paying at 18 you will get some kind of warning that is not officially stopped. All the nasty stuff, like garnishment, tax refund withheld, bad credit reporting, driving lic revoked....ect usually happens after a warning. So if you saved the $$$ you can get caught up to date within 30 days. That usually the amount of time you are givin to solved any arrears.

    Personally, I would wait 3 months prior to his 18th birthday and try to get the process of having it offically closed on his 18th birthday. I could sleep better knowing it is official closed by the courts.

  6. #6
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Ending of Child Support

    Quote Quoting stanblam
    View Post
    Thank you both, but in the law you quoted it states "or 19 if ordered by the court" . That and the fact child support services and one local Idaho child support attorney said I can just stop makes me question your responses. Respectfully of course, and I understand what you are saying....but I think the worst that could happen would be that she motioned the court to order support for one more year... hmm..still wondering who is correct.



    CSE are not attorneys.

    And the OTHER attorney you mention didn't agree....

    By all means, stop paying. But if you do, at least do what Lawrence suggested and keep the money set aside just in case.

  7. #7
    Join Date
    Jun 2011
    Posts
    3

    Default Re: Ending of Child Support

    Okay, guess I was just getting excited to get this to an end. Maybe another year is in order... thanks for all your help. If anyone out there has actually came to an end with Idaho Child Support, it would be great to hear your experiances.

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