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.
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.
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.
