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PattyCakes31 · Mar 22, 2011, 01:03 PM

From New Hampshire: My husband and his ex had an agreement that they would share custody of every other week for their daughters. One daughter moved in with us when she was 17 and my husband never had the child support changed. The second daughter moved in with us beginning of her senior year in high school this past Sept. because she got a ride to school every day with the next door neighbor and she drove my husbands truck back and forth to work. She lived with us full time and only saw her mother once in a while through out the last 6 months. She turned 18 in February and then bought a car and spent the week of Feb. vacation over her mothers. All this time my husband has still been paying child support to his ex even though we were supporting his daughter! He finally went to the court and filed for an expedited trial but they made him wait for a date two months later. Now as of March 24th his daughter will be completely finished with her schooling. Can and should he stop paying weekly child support to his ex - maybe put it into a separate account until he goes to court to have it stopped? And is it possible to get his ex to pay back the child support he's paid her all along since she should have been paying him?

cdad · Mar 22, 2011, 01:09 PM

If he didn't change it and was aware of the changes then the money is considered a "gift".

If child support ends at 18 and finished high school per the original order then he can stop it after she graduates. It wouldn't be a bad idea to put it in a separate account and if either or both children are going to college to have it set aside as an emergency fund.

GV70 · Mar 22, 2011, 02:07 PM

Originally Posted by PattyCakes31

Can and should he stop paying weekly child support to his ex - maybe put it into a separate account until he goes to court to have it stopped?

No.

Originally Posted by PattyCakes31

and is it possible to get his ex to pay back the child support hes paid her all along since she should have been paying him?

No again.

PinkHarley · Apr 10, 2011, 04:15 PM

Why is he not asking these questions? He needs to see an attorney.

JudyKayTee · Apr 10, 2011, 04:32 PM

As GV, our expert, advised - no and no.

There is another thread about the absolutely unfairness of the long wait to get support Orders amended, cancelled, revised. It really isn't fair to anyone.

I'm sure you know by now that your husband should have immediately filed when the situation changed BUT I realize people try to cooperate, not make waves, be the "nice guy" - and then it costs them.

(I'm a stepmother, by the way. I'm sympathetic but you have no legal standing - which you appear to know - and what has gone on before is done.)