keithsm2
recently joined
Reged: 01/08/12
Posts: 7
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Help....my ex is filing for more support....my son turns 18 in the beginning of april ( just a few months away)....to top it off...my ex lives with her boyfriend and My son was kicked out of the house by him around new years....Since that time he has been living with his girlfriends family....( i live 200 miles away). Turns out his girlfriends mom (I actually worked with my sons, girlfriends dad for 20 years too) is a paralegal and gave my wife advice to sue for this childsupport....I have paid all the doctor bills. I pay for car and insurance.( 500 a month) I pay my childsupport. ( 300 a month) its low because I took on all debt at time of divorce......
So now I ask....why does she diserve more...( both my sons 21 and 17.7 years old say it is hell in boyfriends house). fights and drinking......
What do i need to show up with on court date??
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Cassie23
Carpal \'Tunnel
Reged: 10/07/05
Posts: 14714
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Why would his girlfriend's family tell the mother (who kicked the son out) that she sue for more CS? You say she is asking for more CS and you have been paying now?
What state?
In my state---NY--- my stepdaughter left her Mom's house and moved in with a friend for a month until she graduated HS. She was also 18. We got a lawyer who petitioned the courts to TERMINATE CS based on the fact that SD was no longer living at Mom's. The court asked the Mom if SD was living with her, she said no, we gave the date that SD ceased and CS was terminated.
I think its important to go to court with a lawyer because they know all the ins and outs of the law. I don't know your state or the specifics of your state in regards to child support. Does child support end at 18 or at graduation in your state?
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keithsm2
recently joined
Reged: 01/08/12
Posts: 7
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because they are greedy!! and try to extort all they can
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keithsm2
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Reged: 01/08/12
Posts: 7
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typically its 18....think they are asking for another month or so till graduation......See the Mom and my sons girfriends mom could easily just split the extra money....No cost to them as i would be oreder to pay lawyer fees....I was hoping to show up with statements from sons....and either ask for it to be thrown out....mediation....or terminate CS and ask why she didnt pay her brother CS while son lived with himi for a semester....I have always paid my child support......I just recently got a new car.....so they think im rolling in dough and want to spend my money for me. My salary has not really increased since divorce 6 years ago ( times have been tough)
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Sadie
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Reged: 06/03/05
Posts: 567
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Keith, How dare u get a new car without giving bm her cut too.. after all her check ends very soon.. ( Just kidding, but I had to say that, we are in the same position, my sd turns 18 in June, graduates hs and is getting married so we are DONE!!!!!!!!!!!!!!!)
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Pops_IL_CP_Dad
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Reged: 02/02/08
Posts: 406
Loc: Illinois
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Tell your ex to pound sand. Unless your court order states that child support continues, it will end either in April or when your son graduates. So, let the ex spend her money filing any kind of modification she wants -- a few delays and continuances and first thing you know, it will be July... You won't even need an attorney...
OR file your own modification asap and ask for it to be terminated retroactive to the filing date since your son isn't living with her. You can file that pro se, too.
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Focus on what is legally relevant, not morally indignant or petty.
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keithsm2
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Reged: 01/08/12
Posts: 7
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She "Says" she has dropped the case....I have no official notice....Not sure how I will be notified.... I am trying to research how to get child support dropped as son is not living with her...I would also like to take her to small claims court for Doctor bills that I paid 100 percent of ( supposed to be 50/50)....Also...she did not forward 7 months of child support to her brother while son stayed with him....
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Pops_IL_CP_Dad
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Reged: 02/02/08
Posts: 406
Loc: Illinois
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You file for a mod of child support like yesterday! Why are you paying her when your son isn't living with her??? Her brother is not part of your divorce/custody/support order and what she did with child support while your current order is in effect is nothing you can do anything about. File asap as the modification will only apply to support as of the date of filing. You've all ready lost 7 months of support.
For medical, file a contempt petition against her. You will get the same thing as you would get in small claims with one exception -- she will have a finding of contempt against her in family court. You won't get that in small claims. Findings of contempt will have some influence in future support / visitation / and or custody modifications.
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Focus on what is legally relevant, not morally indignant or petty.
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Sherron
Carpal \'Tunnel
Reged: 11/25/06
Posts: 20190
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"You've all ready lost 7 months of support."
He didn't lose support, the child did.
To the OP... if the 21yr old thinks it's hell in boyfriend's house due to fighting and drinking, he is old enough to move out. I'd focus on the 17yr old... is he a senior this year? Is cs through the state's enforcement office?
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Pops_IL_CP_Dad
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Reged: 02/02/08
Posts: 406
Loc: Illinois
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Heh. If you paid your utilities for 7 months but the money didn't get to the utility company AND because of the way the law was written, you couldn't recover that money, my guess is that you would feel you "lost" that money.
Regardless of quibbling about semantics, I am sure the OP knows the intent of my statement -- he has, indeed, lost 7 months of time in filing for a modification.
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Focus on what is legally relevant, not morally indignant or petty.
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Sherron
Carpal \'Tunnel
Reged: 11/25/06
Posts: 20190
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"Heh. If you paid your utilities for 7 months but the money didn't get to the utility company AND because of the way the law was written, you couldn't recover that money, my guess is that you would feel you "lost" that money."
I wouldn't wait 7 months to take care of something I wasn't content with.
"Regardless of quibbling about semantics"
The OP is the ncp, he owed someone cs, so he didn't lose anything... that's not "semantics". The child who was supposed to benefit from the support did.
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keithsm2
recently joined
Reged: 01/08/12
Posts: 7
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child just left her house last week....I will file for Mod tomorrow....
the 21 year old is out and on his own....He was speaking from experience when he "DID" live there.....
My 17 year old says the locks have been changed and he cant even get his stuff.....( man....we sound like some low down rednecks)
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Cassie23
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Reged: 10/07/05
Posts: 14714
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It depends on whether the court will feel that the child has left his Mother's Residence and will be considered emancipated? If the Mother is still paying for the child's necessities, even though the child does not currently live with her, CS MAY NOT cease. To our benefit, SD was about a month and a half to graduation but was NOT be supported by her mother at all- financially or physically.
I would call the court if you have received notice of a court date and the X is saying she closed the case. Maybe she is hoping you will just take her word and not show up? Then they could issue a judgement against you.
Most states CS will continue past age 18 and stop at graduation on HS.
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Miranda
Carpal \'Tunnel
Reged: 06/02/05
Posts: 20822
Loc: North of Mexico
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No, the parent is out of money. Not the child. The bills were still paid and food was still purchased right?
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13.1...because I am only half crazy!
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Miranda
Carpal \'Tunnel
Reged: 06/02/05
Posts: 20822
Loc: North of Mexico
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Regardless of quibbling about semantics, I am sure the OP knows the intent of my statement -- he has, indeed, lost 7 months of time in filing for a modification.
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I agree 100%. Especially the part about "quibbling over semantics".
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13.1...because I am only half crazy!
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Sherron
Carpal \'Tunnel
Reged: 11/25/06
Posts: 20190
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"I agree 100%. Especially the part about "quibbling over semantics". "
Well, glad you gave your input to settle that once and for all...
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