Q: If my daughter has moved out of home at 18, not enrolled in college as yet can I lose child support
My daughter was enrolled in college, however, she dropped out of school, moved to another state and is currently waiting to see if she can transfer to another school within that state. My ex has just informed me that he is stopping child support , until a new agreement is in place.
Is he permitted to do this?
A: If your child is no longer living with you then you are not entitled to child support, however, if there is a child support order, child support is legally continued until he goes to court to terminate the order. He can not simply stop on his own.
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A:
We must assume that there is a court ordered child support payment going to the asker who is the custodial parent. It appears the non-custodial parent wants to terminate child support because the child moved out of the asker's home. Can he is the question.
There is no simple answer. The burden is on the non-custodial parent to prove that the child left the home and traveled to another state for school. Then, the non-custodial parent must prove the asker no longer provides her support to the child for which the order of support to an extent compensates her.
Assuming the non-custodial parent can prove these threshold issues, then there will be an order terminating child support. The likelihood of success for the non-custodial parent will be zero if he prosecutes his petitions by himself as the court will humiliate him and ridicule him for bringing a non-started proceeding.
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