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#198253 - 02/24/07 04:59 PM Re: Hey Char! [Re: Lucy44]
almostheaven Offline
Carpal \'Tunnel

Registered: 07/14/04
Posts: 10468
Loc: West Virginia
But do KY statutes allow for "automatic termination"? They state an age, but somewhere, buried in the statutes, there may be a clause that a court must decide when that termination age has been reached.
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Char Fox

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#198254 - 02/24/07 05:47 PM Re: Hey Char! [Re: almostheaven]
Lucy44 Offline
old hand

Registered: 07/11/05
Posts: 874
Loc: Rochester, MN
You could very well be right about that.
Does anyone know of any states where statute directs the payor to seek the court's consent in terminating CS, when the CS order says CS ends according to that State's laws?

The reason I'm fairly interested, is because my DH's decree reads, "Husband shall pay the sum of $xxx per month as support for the minor children of the parties."

It seems pretty clear that support ends when the children are no longer minors. State statutes are very clear on the definition of "minor."
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Experience is a wonderful thing. It enables you to recognize a mistake when you make it again.

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#198255 - 02/24/07 06:13 PM Re: Hey Char! [Re: Lucy44]
Gecko Offline
Carpal \'Tunnel

Registered: 06/02/04
Posts: 20602
Loc: Third rock from the sun
It seems pretty clear that support ends when the children are no longer minors.

---&gt; Actually it doesn't...all that says is that he is paying xx amount because at the time of the divorce, ya'll had minor children.

---&gt; And since the amount is lump sum...doesn't NOT mean that it would change. To give you an example...I received a "Notice of Emanicpation, Child NOT Attending School" from my state and it says:

"Your court order says child support continues until the child of parties is 18 years old or up to age 21 if he or she qualifies as a child attending school and is not married or is not married or therwise emancipated.

Our records show that the child named above has reached age 21, has married, or is otherwise emancipated and no longer qualifies as a child attending school.

THIS MEANS:

The monthly support amount will remain at $XXX because there are other children included in the support order and it specifies a monthly amount rather than a per child amount. A party may request that the enforcing agency initiate a modification of the child support amount."

HAD I had a "per child" amount, the amount for the "above named child" would have automatically terminated...but since I don't...I need to file to have it modified.

MOST support stops with the child reaches 18 or graduates from high school...whichever occurs LAST. Now while the State will know when the child turns 18, they will NOT know if the child is/has graduated...so they will send out a "Notice of Emancipation" (or whatever your state calls it) when the child turns 18 or is about to turn 18 and then it is up to EITHER parent to inform the court or enforcing agency whether or not support should end.
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If you air your dirty linen in public, expect people to comment on the skid marks!

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#198256 - 02/25/07 07:17 PM Re: Hey Char! [Re: Gecko]
Lucy44 Offline
old hand

Registered: 07/11/05
Posts: 874
Loc: Rochester, MN
" Actually it doesn't...all that says is that he is paying xx amount because at the time of the divorce, ya'll had minor children."

Yes, I see what you mean....I hadn't looked at it like that before.
I guess it's off to court for DH!
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Experience is a wonderful thing. It enables you to recognize a mistake when you make it again.

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