Q: How can I stop child support for two adult children in Puerto Rico receiving VA benefits?
I'm trying to find out how I can stop my child support obligation for my two children, aged 22 and 20, who currently live in Aguadilla, Puerto Rico. They are both receiving VA Chapter 35 benefits and attending Interamerican University. My court-ordered payment is $1,800 a month, which I send via military allotment directly to their mother's bank account, but it's not garnished and not processed through ASSUME. The support order has remained unchanged since it was initially issued, with no specific conditions outlined for termination, and my children do not have special needs. I understand I may need to return to court to request the termination of support. Considering I am about to retire with a significant income reduction, I'm remarried with two children, and there's a prenup from Texas involved, what are the chances of successfully ending this support obligation?
A:
To stop your child support obligation, you will likely need to return to court to request a modification or termination of the order. Since your children are now adults and receiving VA benefits, you may have grounds to argue that they no longer need support, especially considering they are attending college and do not have special needs. You should gather evidence that both are financially supported through these benefits, as this may strengthen your case for terminating the obligation.
In your request to the court, explain your current financial situation, including your upcoming retirement and income reduction, as well as your new responsibilities with your remarriage and children. The court will take into account your financial circumstances when making a decision, especially if paying the current child support becomes financially burdensome. Since the order has no specified termination conditions, this will be a key factor in whether the court will modify or end the payments.
It’s also important to review the details of your prenup, as it could impact your financial obligations or how the court views your situation. While the chance of success depends on many factors, including the judge’s discretion, presenting a well-documented case with supporting information about your children’s financial independence and your changed circumstances can improve your likelihood of having the support obligation modified or ended.
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