[ca70]

My daughter turned 18 on the 13 of the month. I did not receive child support for that month that father pays me directly.
Court order states that father will pay me directly by the first of each month. It states child support will continue till 18 or graduates hs.
Daughter graduated hs.
It also states that father is to notify the court and myself if there is a change of address or employment within 10 days. I just found out this week that 2 months ago he changed jobs but did not notify anyone. It states he is subject to a 250 dollar fine for not doing so.
Should I take him to court for the last month of support owed to me. It doesn't say he can pro rate the last month because her birthday is on the 13th of the month so I was counting on the entire payment for that month.
With that said, (thinking that the final payment would come) I paid for some car repairs on her car to get to college and paid a semester of tuition books and a laptop. Now with her father not sending the final support payment has really messed me up as I was counting on it offsetting some expenses.
Do I have anything to stand on if I take him to court?

[cdad]

Do you have a lawyer or were you going to do this yourself? What was the child support payment at this time?

[ca70]

Do you have a lawyer or were you going to do this yourself? What was the child support payment at this time?

Child support at this time is 700 a month. That is why I went ahead to get her car repairs done so she could safely get back and forth to college. 20 min drive each way.(highway)
Also needed laptop and one semester of community college and books. Didn't think the 700 would cover it all of course, that is not what its for, but it certainly would help offset some of my out of pocket expenses.
The child support agreement does not include college, but since she graduated hs as a minor under 18 and he is ordered to pay until 18 I have been using it for her needs for college, of course, she doesn't get a free ride I'm not one of "those" parents, she works part time to pay for gas, some of the cheaper books, and half her car insurance which isn't bad as her car is under my policy. I also supply basics in the house soaps shampoos but if she wants special makeups or shampoos she pays for them out of her pay.
I also used the child support as a back up in case she came short on her end. And of course any clothing she needs is what its used for.
I am just wondering what would happen in court. Do you think the judge will throw it out since it's the 'last payment' or do I have a valid leg to stand on. I'm wondering if it will be thrown out also because her birthday is half way through the month , but on the other hand the decree does not say anything about pro rating last payment it just says pay on the first of each month until child reaches age of 18.
Added info, I have a son that just graduated college. He cut him off at 18 but paid for the month but his birthday is at the end of the month. I paid for his entire college and didn't ask or get a thing from father.
I am still paying for daughters health insurance myself through my employer. I could drop her now that she is 18 specially because I didn't get my last child support but I can't do that to her.
I am hoping I can use these examples in court to my advantage.

[ca70]

child support at this time is 700 a month. that is why i went ahead to get her car repairs done so she could safely get back and forth to college. 20 min drive each way.(highway)
also needed laptop and one semester of community college and books. didn't think the 700 would cover it all of course, that is not what its for, but it certainly would help offset some of my out of pocket expenses.
the child support agreement does not include college, but since she graduated hs as a minor under 18 and he is ordered to pay until 18 i have been using it for her needs for college, of course, she doesn't get a free ride im not one of "those" parents, she works part time to pay for gas, some of the cheaper books, and half her car insurance which isn't bad as her car is under my policy. I also supply basics in the house soaps shampoos but if she wants special makeups or shampoos she pays for them out of her pay.
i also used the child support as a back up in case she came short on her end. and of course any clothing she needs is what its used for.
i am just wondering what would happen in court. do you think the judge will throw it out since its the 'last payment' or do i have a valid leg to stand on. im wondering if it will be thrown out also because her birthday is half way through the month , but on the other hand the decree does not say anything about pro rating last payment it just says pay on the first of each month until child reaches age of 18.
added info, i have a son that just graduated college. he cut him off at 18 but paid for the month but his birthday is at the end of the month. I paid for his entire college and didnt ask or get a thing from father.
i am still paying for daughters health insurance myself through my employer. i could drop her now that she is 18 specially because i didn't get my last child support but i can't do that to her.
i am hoping i can use these examples in court to my advantage.

Yes I was going to file contempt of court myself. It's a simple form.

[ScottGem]

Have you talked to him first? I would contact him and explain that since support is due on the 1st, you believe he has to pay for the month she turns 18. And you acted on that expectation. If he then refuses to pay, you can take him back to court.

[Fr_Chuck]

And if he has been doing support for many years, most likely the fact he had to tell anyone about a job change, esp if there is no garnishment of pay, is really moot.

His argument is that this month she turns 18, thus he does not owe. Normally he will prorate it to the birth date. But if you go to court, it will be up to the judge to decide what it is.

[ScottGem]

I also would not bug about the change in address. It appears he has been paying support faithfully for many years. He may simple have forgotten about the address notification requirement. Its not as if he is hiding from you.

[ca70]

The thin is... I wouldn't normally be this way, in fact id probably let the last check slide if he would help in other ways. No over the past 6 years I have had custody 4 of them. For the first 2 years after seperation/divorce he had the kids only due to the nature of my job and that he had the house.
I read the part about him forgetting to mention the employment change. No he does this in spite. In the past, usually just before court he pays up.
Just as he is holding this last child support check back just to put a thorn in my side. From experience this won't go to court. He will pay just prior to going if I serve him.
I think the fact that I'm still carrying my daughter on my health insurance plan. And that I paid for 2 years of college and books and tools for my son and one semester so far for my daughter without any help from him, knowing his childsupport doesn't cover everything.
I think the judge will see, although they may see it as a non requirement that I do what I have done for the kids, it will show I am a dedicated caring parent that I am.
Also the fact that its maintaining the 'standards' that would have been the same if we were still a family and married.

[ScottGem]

OK, you know the situation better than we do. My take is he owes for the full month that she turns 18. It will be up to the judge to agree.