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  1. #1
    Join Date
    Jun 2007
    Posts
    3

    Default Support and Guardianship Complications

    I have been divorced for over 10 years, remarried and have had physical custody of my children. I have three children who graduated in May of this year. My twin daughters are 17, and will turn 18 in July. My son is a 21 year old disabled man. He has been in my custody his entire life. I have temporary guardianship of him (state of Illinois) pending permanent guardianship.

    My ex is contesting the guardianship of my son, claiming only that there are better group homes in Minnesota where he lives, and wants to place him there immediately and have the government pay the bill. I wish to keep him at home with me and attend a day program for other autistic adults until my husband and I move to Wisconsin in late 2008, when I will seek independent living possibilities for him.

    The child support order is rendered under North Dakota law (state of marriage dissolution) and heard in Minnesota. The last review ordered support for the twins until they turn 18 and graduate high school, and support is extended for my disabled son until he graduates from high school or moves out of my home. The right to extend it beyond that time of graduation is reserved for review. Minnesota reviewed the order recently and said that they were going to extend support for the girls past the graduation date to the date of their 18th birthday, which is in line with both MN and ND law. One of my daughters left be with some friends in Kansas before she attends college in Kansas next fall. She is 17, not entered into any legal contracts, but just staying with friends who are 18 or older. My ex has entered a motion petitioning the extension of child support until they are 18, based on the fact that one has moved out for the summer. There has been no talk of extending support for my disabled son.

    Should I pursue the extended support for the girls until they are 18? should I pursue extended support for my son as long as he lives at home? Even if I am pursuing plenary guardianship? It would affect his SSI income, but he receives a smaller amount already, due to his income from child support. His happiness is my primary concern, and I know he is happiest in familiar surroundings and transitions need to be gradual.
    thanks for your input and help.

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Support and Guardianship Complications

    I thought you said that Minnesota was already going to extend support until your daughters are 18, so that appears to be something you've already pursued.

    I don't know enough about your son's financial circumstances and benefits to make a suggestion for his case. It doesn't make sense to pursue support unless he would actually end up with more money in his pocket, so to speak.

  3. #3
    Join Date
    Jun 2007
    Posts
    3

    Default Re: Support and Guardianship Complications

    The county reviewed the child support on their own, recommending the extension. My ex petitioned it, causing a court hearing later this month to hear testimony. I can either do nothing, challenge the petition, or challenge the petition and ask for support extension for my disabled son as well.

    I have not pursued anything yet except legal guardianship of my son. That's a separate battle. More money in his pocket would most likely come from extended support from his father. I'm not sure where SSI caps out these days, but I guess it is around 700 dollars a month. He would receive more child support montly from his father.

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