Q: Can my ex wife making me pay her lawyer over a motion on modification of Child support.
My ex wife and I have been divorced 2013 now our oldest Son is 19 will be out of school in May. My ex wife is trying to get me to keep paying for child support on him and try to say he’s Whole dependent. He has autism is very high functioning. Last year I found out he was not attending aftercare at his school My child support included day care. With all of covid stuff it’s taking me a year to have a court date which was in November 2020. For modification. I reached out to my ex-wife and told her all she needed to do was take her paperwork to the child support office and they would do the modification without going to court. She Decided on her own free will to hire an attorney over this issue. Since we’re asking for the over payment in day $8000 since 2017. Then she is now trying to figure out how to keep getting child support on our oldest son. He is not getting any SSI she hasn’t even filed for it. How her attorney is ask me to pay her attorney fee since my income is so much high.
A:
She can request attorney’s fees and costs and the court can awasrd them. However such requests and orders are usually based on malfeasance by one party or the other. Income disparity can be a factor,
Child supoort can be awarded for a child beyond emancipation, but the standard is very high. A high funtion autistic child may or may not qualify an award of child support beyond emancipation. The question and determination usually turns on the ability of the child to function and live independently. That should guide your decision as to wherher you want to contest the claim and how vigorously you want to do so.
A: Your ex wife can’t make you pay her attorney fees but the court could. However, if support hast already been ordered past 18 for special needs, highly unlikely you will have to continue to pay support.
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