Q: I have 2 children, oldest will be 18 Aug 2018. When do I start proceedings to have her removed & does the new law apply?
I was told the new law only applies to new cases and not old child support cases
A: If the court deems the oldest child turning 18 to be a substantial change of circumstance, then the new law will apply. I would argue that it is a substantial change, but I am unaware of any case law declaring it to be such.
A: The new law applies to old cases when a substantial change of circumstance can be proven, which circumstance would warrant a modification of the present child support order. Assuming there is no other language in your Judgment to the contrary, the oldest child turning 18 is quite arguably a substantial change in circumstance.
A: Yes, new law applies then.
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