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bonnebell · Dec 13, 2008, 04:10 PM

My ex-husband has to continue paying child support until my son graduates this June. My question is how he would have to go about doing that and would I have to sign off on it to confirm that he is up to date on his payments. We works for the post office and the child support is taken out of his check and sent directly to me by the USPS. I live in the state of Florida. I also would like to know if he still owes me for medical bills will his child support continue until that is a 0 balance or would I have to take him back to court? One more question, what do you think my chances are if I took him back to court to try and have child support continued until my child graduates college?

Fr_Chuck · Dec 13, 2008, 08:35 PM

He will need to file a motion to have the garnishment stopped.

Support to college, depends on your state, many do not requuire it under state law.

cdad · Dec 13, 2008, 09:01 PM

Originally Posted by bonnebell

My ex-husband has to continue paying child support until my son graduates this June. My question is how he would have to go about doing that and would I have to sign off on it to confirm that he is up to date on his payments. We works for the post office and the child support is taken out of his check and sent directly to me by the USPS. I live in the state of Florida. I also would like to know if he still owes me for medical bills will his child support continue until that is a 0 balance or would I have to take him back to court? One more question, what do you think my chances are if I took him back to court to try and have child support continued until my child graduates college?

If he owes you medical bills that's not grounds to continue child support garnishment. The medical bills stand as a separate isuue. Have you been awarded an amout by the courts on the medical bills ? Also it isn't likely if he is approaching the age of emancipation for you to change the child support until college is over. To the courts it would sound like gold digging.

cadillac59 · Dec 13, 2008, 10:27 PM

What state was the child support order issued in? And where does your ex live?

Some states have college support and others (like California) do not. At maximum child support age (for example, depending upon the state, at or after 18 if enrolled full time in high school until completion of high school) it ends automatically (i.e. by operation of law). Ending a wage assignment, however, requires a new order terminating the prior order. You don't have to sign off on anything for ongoing child support to end. If he owes arrearages and you don't already have an amount being deducted for it you would need to return to court for an order for payment of the arrears. That could extend the time the wage assignment runs. Alternatively, some states (like California) allow the local child support agency to add on a discretionary amount to a wage assignment to repay arrears without an order.

Unpaid medical expenses are a compondent of child support but not included in a wage assignment because there is no practical way to do so. They are the equivalent of an order to pay (typically they are shared 50-50 between the parties).

JudyKayTee · Dec 20, 2008, 07:50 PM

Originally Posted by bonnebell

My ex-husband has to continue paying child support until my son graduates this June. My question is how he would have to go about doing that and would I have to sign off on it to confirm that he is up to date on his payments. We works for the post office and the child support is taken out of his check and sent directly to me by the USPS. I live in the state of Florida. I also would like to know if he still owes me for medical bills will his child support continue until that is a 0 balance or would I have to take him back to court? One more question, what do you think my chances are if I took him back to court to try and have child support continued until my child graduates college?

Florida law is: "Biological parents and adoptive parents must support a child until: the child reaches the age of majority (and sometimes longer if the child has special needs or is in college) ". Cadillac's question is a good one - what does the support order say and where was it granted (what State - you live in Florida; where was the order granted)?

You can always go back to Court for changed circumstances. Whether you will prevail depends on State Law.