View Full Version : Terminate Child Support
anglipp
Apr 9, 2009, 11:11 AM
My husband pays child support for his 19 yr old daughter. He is required to pay until she is 21. However, she has moved out of the house from her mother and lives with her boyfriend and 2 yr old son. She does work but I think only 32 hours per week. My question is what does my husband do to stop paying child support to his ex wife since the daughter does not live with her and can the daughter take him to court to now start paying her directly even though she is a mother herself, works and lives out with her boyfriend.
cadillac59
Apr 9, 2009, 11:17 AM
We need to know what state you are in. The duration of child support varies from state-to-state. You said it is suppose to go to 21, but why? Is that the state statute that has set that, is that by agreement of the parties, and is there an exception in your state if the child becomes self-supporting? Who knows without more information.
stevetcg
Apr 9, 2009, 11:17 AM
The daughter cannot collect child support.
Your husband needs to return to court for a modification to the support order. Since the mother is no longer supporting the child, it should be a quick and easy case.
anglipp
Apr 9, 2009, 12:20 PM
We need to know what state you are in. The duration of child support varies from state-to-state. You said it is suppose to go to 21, but why? Is that the state statute that has set that, is that by agreement of the parties, and is there an exception in your state if the child becomes self-supporting? Who knows without more information.
We live in New York and that is the law here now. Child support until age of 21. But she no longer lives with her mother and I just can't believe that a judge would make him still pay the mother if the child lives out on her own.
cdad
Apr 9, 2009, 02:01 PM
We need to know what state you are in. The duration of child support varies from state-to-state. You said it is suppose to go to 21, but why? Is that the state statute that has set that, is that by agreement of the parties, and is there an exception in your state if the child becomes self-supporting? Who knows without more information.
At one point NY as well as Indiana were what I call " floater " states. They seemed to float the age at which child supprt stops between 18 and 21. For some reason they seem to bounce back and forth. Like in most states its almost standard to run until 18 and finished school. The above mentioned states bounced between those numbers many times.
anglipp
Apr 9, 2009, 02:05 PM
At one point NY as well as Indiana were what I call " floater " states. They seemed to float the age at which child supprt stops between 18 and 21. For some reason they seem to bounce back and forth. Like in most states its almost standard to run until 18 and AND finished school. The above mentioned states bounced between those numbers many times.
NY is now 21. She did quit school at 16 because she was pregnant. And lived with her mother. But like I said, she is living out on her own now with a boyfriend so I can't see us paying child support to the mother when she doesn't live their any longer. Or if she will be able to take her father to court and make him pay child support to her until she is 21. She is now 19