Can I Still End Child Support if the Child Moves Back In With His Mother

[Huntreiter3]

My question involves child support in the State of: Indiana
Divorced for 13 years. Ex Wife had physical custody and I have visitation. Ex has kicked son out on numerous occasions and he's lived with me for months up to approx. a year at a time. I have continued to pay support on time through it all to her. This past summer she decided to move to Florida and left him here to finish his senior year at sons request. She signed a letter stating that she agreed and neither party would collect child support any further. She had it notarized but neither of us filed it or requested a change through the court. Ex came up to visit him over Christmas and offered to let him drop out of school with 5 months till graduation and find him a fun job at Busch Gardens as well as let him have her convertible Saab. Of course he agreed. He asked us to sign the withdraw paperwork which we refused so he dropped off his school stuff the last day and while we were gone over the weekend (he requested to stay at his grandmas to visit mom) he text us today and told us he's left with her to Florida. I paid support up until he moved in with me this summer when she gave me the notarized agreement. She did not contribute to him over the 5 months he's lived with me. Ive also provided all his insurance as ordered the past 13 years. Son turns 18 the end of March and states he is not enrolling back in public school, they might try to find a GED program online but he doesnt know for sure. She also never notified us of her intent to move him out of state. Law requires 90 days so we have time to contest. I would have until he graduated in 5 months. What can I do? I want to terminate support as agreed upon in the notarized agreement she drew up. She has not provided any support towards him while he lived with me. She moved him out of state and pulled him out of school without my permission. Im so upset about all of it. Please help me with any advice. I have never fought her but this was wrong of her and this can affect his future if he never completes school. Thank you.

[CourtClerk]

So you're willing to let him move as long as you no longer have to pay support? Or you want to go to court and order him back?

[llworking]

My question involves child support in the State of: Indiana
Divorced for 13 years. Ex Wife had physical custody and I have visitation. Ex has kicked son out on numerous occasions and he's lived with me for months up to approx. a year at a time. I have continued to pay support on time through it all to her. This past summer she decided to move to Florida and left him here to finish his senior year at sons request. She signed a letter stating that she agreed and neither party would collect child support any further. She had it notarized but neither of us filed it or requested a change through the court. Ex came up to visit him over Christmas and offered to let him drop out of school with 5 months till graduation and find him a fun job at Busch Gardens as well as let him have her convertible Saab. Of course he agreed. He asked us to sign the withdraw paperwork which we refused so he dropped off his school stuff the last day and while we were gone over the weekend (he requested to stay at his grandmas to visit mom) he text us today and told us he's left with her to Florida. I paid support up until he moved in with me this summer when she gave me the notarized agreement. She did not contribute to him over the 5 months he's lived with me. Ive also provided all his insurance as ordered the past 13 years. Son turns 18 the end of March and states he is not enrolling back in public school, they might try to find a GED program online but he doesnt know for sure. She also never notified us of her intent to move him out of state. Law requires 90 days so we have time to contest. I would have until he graduated in 5 months. What can I do? I want to terminate support as agreed upon in the notarized agreement she drew up. She has not provided any support towards him while he lived with me. She moved him out of state and pulled him out of school without my permission. Im so upset about all of it. Please help me with any advice. I have never fought her but this was wrong of her and this can affect his future if he never completes school. Thank you.

You haven't been paying child support since this summer, correct? So your child support has not been paid with wage withholding, correct? If he is going to turn 18 in March there isn't much at all that you can do about getting him back home and back in school. By the time you got a court date and a decision from the judge, he would already be 18 and no longer subject to court orders for custody. If he is not in school child support would also end at that time. I agree that mom made a bad decision when she encouraged him to do this, and its going to be potentially damaging for his future, but unless you want to go the emergency route and try to bring him back kicking and screaming, when he is going to be 18 in less than 3 months, I don't know what else you can do.

[Huntreiter3]

I want him to finish school and graduate. Of course Id love him to stay with me and graduate from the only school hes ever gone to his entire life, but I would be ok regardless of where it is, so long as he finishes on time and gets his diploma. He has 5 short months to go. His mother and him have both said that they are not enrolling him in a public school and are unsure what their plan is for him continuing his education. I have never missed a child support payment and have always provided an open door policy any time his mother has kicked him out and still paid support while providing for him while living with me. I feel she is doing this to get the money since she has been telling him they are in credit card debt and cant afford to fly him to florida any more like she promised him. I may be wrong but cant figure out a logical reason a parent would do not encourage their child to just finish and graduate. I guess Im not sure what to ask the court or this forum for. Having your son quit school, pack up his room and move to Florida while your away for the weekend is a bit overwhelming. I want what is in his best interest and I do not want to have to send her a paycheck every week enabling her to keep him there for that purpose if hes not going to be enrolled in school or a GED program. Will she provide for him? Yes, no doubt. Does she love him, yes. Is this rational? No. Is quitting school with 5 months till graduation in his best interest? No way! Just looking for some impartial advice.

[CourtClerk]

You owe her the support, so start sending it so that you don't find yourself in arrears. Then you can decide whether you want to pursue having him return to you or leaving him there, but you're not going to be allowed to have him be there and not pay support and the cost of legal action to return him may be prohibitive. Only you can decide how much you're willing to sink in to getting what you want.

[Huntreiter3]

Thank you. Initially you just get so angry you want to fight , but i knew what I felt was fair or not was towards the ex and not the son. Do you think it's worth asking for a modification for the time he was with us? He turns 18 the end of March but IN law says child support is until age 19 correct? What if he is not enrolled in school once he turns 18? Do I file to terminate then if he is not enrolled in school still?

[jk]

Retroactive change is not going to happen. The courts will likely say: you could have filed months ago. It wasn't important enough for you to do it so why should the court care now.

[Huntreiter3]

Thank you.

[llworking]

Thank you. Initially you just get so angry you want to fight , but i knew what I felt was fair or not was towards the ex and not the son. Do you think it's worth asking for a modification for the time he was with us? He turns 18 the end of March but IN law says child support is until age 19 correct? What if he is not enrolled in school once he turns 18? Do I file to terminate then if he is not enrolled in school still?

You are right...the law recently changed and I thought it was 19 or graduation from high school, whichever comes first, but in re-reviewing it does appear that its age 19. However there are factors that do make it earlier, and that is if emancipation can be proven. The obvious emancipation factors are marriage or enlistment in the military, but not being in school AND also having full time employment can be an emancipating factor as well.

It would be best if you file to terminate child support. However I have never seen Indiana terminate a child support order before age 18, even with emancipation, so I would file to terminate as of his 18th birthday.