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    Celeste68's Avatar
    Celeste68 Posts: 3, Reputation: 1
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    #1

    Aug 5, 2009, 06:42 PM
    Child Support and Age Limit
    Hello,
    My husband supports his 15 year old son who lives in Texas. The order was originally issued in New York, but now both parents live in different states (his ex-wife and son in TX, and us in CT). Recently, my husband lost his job, so we have initiated the process to modify the order (the unemployment alone won't cover the monthly payment and I had to take a second job to help with it). We had to do the whole thing in TX because that's were my stepson resides. In TX, the age limit to receive support is 18 (NYS is 21). My question is - in the process of decreasing the amount of money we pay every month - can we also attempt to modify the age limit now that my stepson and mother live in TX? Or does the modification INEVITABLY follow the original determination (21)?
    Thanks so much.
    Celeste
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #2

    Aug 5, 2009, 07:25 PM

    You will have to ask for the age to be changed in your request for modification. The original order is still in force ( and only modified by what charges are requested)
    ziggy09's Avatar
    ziggy09 Posts: 4, Reputation: 0
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    #3

    Aug 5, 2009, 07:35 PM
    In most states the age is 18, but sometimes you will be required to pay till the child is out of school and that includes college
    stinawords's Avatar
    stinawords Posts: 2,071, Reputation: 150
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    #4

    Aug 6, 2009, 07:51 AM

    I'm going with Fr. Chuck here. The only thing that can be modified is what is requested to be modified. Your husband can also request the age to be changed and that will be up to the judge to decide as well. Ziggy does have a point that some states are willing to allow paying through college as well (if the child is a full time student and living at home). So while he can ask that it be lowered keep in mind that the college clause may also be added to the order if the age thing is touched. (I'm not saying it will just keep it in the back of your mind that it's possible)
    Celeste68's Avatar
    Celeste68 Posts: 3, Reputation: 1
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    #5

    Aug 7, 2009, 07:49 PM

    Thanks everyone for answering!
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