Q: Does OK factor in the number of children in the order or is the payment amount solely based on income of both parties.
My son turned 18 in Jan, and graduated HS in May. I am still receiving the full amount that I've been receiving. I also have a 16 yr old. I was given 2 different responses from 2 different employees at CS enforcement. The NCP was told he could potentially pay more for 1 child than he pays for 2. So, he has no desire to request a modification in fear of paying more. I don't want to have to pay him back an overage if he is wrong. 1 person told me what he said and 1 person said it must be modified and I would have to repay the overage.
A:
My interpretation of the case law is as follows:
The child support order is not for two individual children, but instead is for support of all children. Therefore, just because one of the children reaches the age of majority (18 years of age and graduated from high school) it does not automatically change the child support order. He still owes the same amount until he chooses to file a modification based on a material change in circumstances. You will not have any obligation to pay back any child support he pays after your oldest reaches the age of majority, which appears to have occurred. When all of you children have reached the age of majority the Court Ordered child support is automatically terminated, although he should still file to insure their is a court record.
With all of that said, if he is making substantially more and you would get significantly more for the one child if a new computation is used, then you may choose to file a motion to modify child support due to a significant change in his income.
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