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kugator · Mar 27, 2008, 11:00 AM

I got a divorce about 20 years ago, I've been paying child support for our 2 kids, in the divorce agreement it states that I pay child support until the age of 19, my oldest child is 24, my youngest child is 18, I kept the same payment and never went to have it reduce after my oldest went to college, my youngest is 18 and will finish school this year, also turn 19 two months after she graduate, can I stop payment according to the divorce agreement or do I have to continue to pay when if my youngest child decide go to college?

mariposa11 · Mar 27, 2008, 11:49 AM

If your divorce agreement states that you must pay child support until your children are 19 and you have had no court ordered support changes in the past, you can stop paying as soon as your son is 19, with exception of course to any child support you owe that you did not pay previously. (Like if you were laid off for a few months here and there or whatever.) Unless the order specifically states that you have to pay support for both children until the youngest is 19, you should have gone and gotten the amount reduced 5 years ago when your oldest turned 19. As long as the order does not have a stipulation in writing that requires you to pay support through college, you can finally put your checkbook down. Good luck.

ldyastrid · Mar 28, 2008, 09:09 AM

Before stopping any Child Support payments, contact the Child Support office (you have a case worker assigned to your case if it was court ordered child support) - most (not all) C/S orders are until the child turns 18 or 19 or until he/she is done with continued education. You need to find out what your order stipulates. Child Support will need a copy of the HS diploma and proof of full time college (if college is listed on the C/S order). If it shows you've overpaid, it's possible to get a refund, though I don't know what kind of mess that would turn into.

But - don't just stop paying on your own - if the C/S order is not stopped within the system, you will not only owe what should have been paid, but interest as well.

mariposa11 · Mar 28, 2008, 09:44 PM

I don't see too many state run support agencies issuing refund checks. If you over-paid, you may have to sue your ex in civil court to recoup those losses. Then again, even if you did overpay, you might be told "too bad". It can be a crap shoot.

ldyastrid · Mar 31, 2008, 10:16 AM

Originally Posted by ldyastrid

If it shows you've overpaid, it's possible to get a refund, tho I don't know what kind of mess that would turn into.

OK - I guess I should clarify something... Child support doesn't keep any money paid for Child Support - it goes to the custodial parent... the custodial parent would be responsible for giving the refund - and may have to be brought to court to make that happen.

My apologies if my statement was misleading.