Q: How come child support not stopping at age 19 as the divorce agreement says it should? 4 kids, ages 20,18,15,8. AL
Oldest daughter is in college In Alabama (our home state) on scholarship, and she does work. Second child will be 19 next year also.
So how come the child support doesn't end automatically as the divorce papers declare? These are court ordered documents, are they not binding? I'm told the mother has to come with me to courthouse and agree to sign papers to alter the child support for a $300 plus fee? Or we can pay a smaller fee to have all the child support stopped and I pay the mother the difference. Or we keep it as is and the mother pays me the difference. The mother is not agreeing to either of the options. So I'm supposed to just pay child support past the age of 19 until when??? I see no end in sight and feel I am held hostage to the mother deciding on her terms when the child support should end. But the papers say age 19 or age of maturity in Alabama it is supposed to stop. What can I do? Am I to pay the $300 deal each time a kid reaches 19 to modify?? Thats insane!
A: Hello. Child support (CS) doesn't automatically stop when I child turns 19. Why it doesn't end automatically is a question for the legislature. Since you have other children, in order to change the amount you pay each month, you need mom to agree and file modification that way, or file modification based on child turning 19. CS for the other 3 kids will be recalculated based on both of your current gross incomes. Best of luck.
1 user found this answer helpful
A: Unless the court documents set out when each child support amount is adjusted on the majority of children, you have to re-calculate child support as children age out. It is not automatic. You should be careful when you do this, because the new child support amount is going to be calculated using the current child support table. Calculate it before you go to court to change it. DON'T make any side deal with the mother. You don't have the authority to change the order, only the Court can do that. There is an end in sight. Get some help here and calculate the support. Also, build in dates when the support will decrease and by how much and you won't go through this again. No matter what YOU HAVE TO GO TO COURT TO CHANGE CHILD SUPPORT when one of several children ages out.
1 user found this answer helpful
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
