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smithc7 · May 16, 2011, 11:51 AM

My ex-husband and I agreed that he would pay child support NOT through the court system since he is self employed. It got to be too much and I took him to court to have it paid through court. The judge agreed but a week later changed the order to denied since my ESE 11th grade daughter had turned 18. I never thought it was a problem since I had told the mediator and we BOTH agreed he would pay until she graduated from HS even though she would be 19. I brought a letter to the court proving she is a full time student and I was still denied. I filed a motion and denied again. The wording in the divorce was a little tricky stating he would pay until she graduates unless graduation is prior to her turning 19. She will turn 19 and then graduate 3 months afterward. With her being an ESE student (she has developmental dyslexia) and we held her back in 1st grade is there nothing I can do to change this to where he has to pay.

JudyKayTee · May 16, 2011, 12:03 PM

Originally Posted by smithc7

My ex-husband and I agreed that he would pay child support NOT through the court system since he is self employed. It got to be too much and I took him to court to have it paid through court. The judge agreed but a week later changed the order to denied since my ESE 11th grade daughter had turned 18. I never thought it was a problem since I had told the mediator and we BOTH agreed he would pay until she graduated from HS even though she would be 19. I brought a letter to the court proving she is a full time student and I was still denied. I filed a motion and denied again. The wording in the divorce was a little tricky stating he would pay until she graduates unless graduation is prior to her turning 19. She will turn 19 and then graduate 3 months afterward. With her being an ESE student (she has developmental dyslexia) and we held her back in 1st grade is there nothing I can do to change this to where he has to pay.

This is impossible to answer without knowing what State/Country you are in. Laws vary.

The mediator's opinions/decisions are not binding on the Court.

You were denied on hearing and denied on appeal. There is nothing else you can do - unless you want to appeal again. I think that would be a mistake because you've been denied twice.

smoothy · May 16, 2011, 12:03 PM

What state and or country do you live in. Some states 18 is considered a legal adult and support ends. Others it can be 21.

smithc7 · May 16, 2011, 12:07 PM

I live in Florida. Would that fact that she has a disibility not play a factor either since I didn't put that in the motion?

JudyKayTee · May 16, 2011, 12:21 PM

I am reading that the support order can be changed if there are significant changes in circumstances. I would guess that your daughter's disability has always been a known factor - ?

What were your grounds if you did not put disability in your motion papers?

I think you need an Attorney if you have any chance of "winning." Also - the Court may not hear another motion so quickly, new information and grounds or not.

smithc7 · May 16, 2011, 12:35 PM

I'm upset because I opened this can of worms. I didn't want to deal with him so I took him to court after he was already paying. As her father we agreed together that he would pay until she graduates not realizing her age made a difference since I brought it up in mediation. I had no lawyer although he did. The fact that she has a 1 more whole year and now he can get out of it so easy is unbelievable. She is graduating at the age of 19 due to a learning disability. With no money and no lawyer I've been at a disadvantage.. Thanks but your right it seems hopeless.