Q: Twins are 18 now and graduating in TN in May. Stop child support with out a lawyer?
I pay directly to the mother, not the state. I am not behind and have never missed a payment. I live out of state, but the plan was filed and adjudicated in TN. Legally I understand that I do not have to pay child support after May because the twins will be 18 and will have graduated and there is nothing in the parenting plan that stipulates further support. Neither child is disabled. They are both in the National Guard. I do not want to have to pay a lawyer a lot of money to file paperwork when the law seems clear. Do I have to file to stop paying the mother? If so, is this something I can do with forms or do I have to be present in the court room? If so, how do I get a court date?
A: It depends on what court you are in how you go about getting the appropriate paperwork filed and set on the docket. You can call the clerk's office and see if they are helpful. I really recommend that you hire an attorney though. Something like this should not be that expensive.
1 user found this answer helpful
A:
Since you pay directly, ( or in other words, there is no wage assignment order/ payroll deduction order in effect, then you can just simply stop paying after May 2018- the month of their graduation ( which I assume is the latter since they will turn 18 before graduation). You are correct the law is clear on this. However, as a precaution, as that time gets closer, ( maybe April, 2018?) I would contact the mother in writing by certified letter advising her of the termination. For example: ...Dear _____(ex-wife), As you know the children graduate next month and that event terminates my child support obligation. This is simply to confirm that you are aware this will be happening.
As you also know, I have always paid in a timely manner and at this point, I am up to date on all payments due to you for child support. If you in any way dispute this, please advise immediately and explain what you think I owe you. If I you hear from you within ___( 10?) days, I will assume you agree and no court action will be required to conclude the child support obligation. if you have a wage order in effect, you will need to file a court motion and set a hearing.
1 user found this answer helpful
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