Child support past the age of 20

Discussion in 'Child Support' started by 444stam, Oct 12, 2011.

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  1. 444stam

    444stam New Member

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    In my original 1998 divorce proceedings I agreed to pay child support tomy exwifeuntil my daughter was 23 years old as long as she was enrolled in a full time college degree or completed a 4 year degree or whichever comes first. I have recently discovered under Georgia law it appears that I can not be forced to pay after she turns 20 years of age. Can I have the existing order stopped if she is 20 years old? She is however currently a full time college student.
     
  2. Proserpina

    Proserpina Moderator

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    Highly unlikely.

    You agreed to pay. You were not forced to agree. In order to stop support, you'll need a reason - so what has changed?
     
  3. 444stam

    444stam New Member

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    She is 20 years old and no longer lives with her mom. She lives with my mom, who is her grandmother, but my ex-wife still receives the payments. please advise.
     
  4. Proserpina

    Proserpina Moderator

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    Right, because child support is supposed to reimburse the custodial parent.

    You can petition the court to modify based upon your daughter no longer living with the custodial parent. Be aware though, that the court might simply change the order so the grandmother gets the payments.

    She is still a student, and your decree was ordered before any new law came into play. I'd be surprised if the court stopped payments completely but you won't know unless you try.

    read here
     
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  5. 444stam

    444stam New Member

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    Update to question

    My daughter is 19 and attending college PART-TIME and she no longer lives at home with her mother. She lives with my mother (her grandmother). In my settlement agreement it states:

    I agree to pay until the age of 23 provided she is attending college FULL-TIME pursuing a four year degree.

    Can I terminate based on residency, age, and the fact that she is not Full-Time?
     
  6. jacksgal

    jacksgal Super Moderator

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    "You" cannot terminate! That decision lays with the court. If there is a change of any kind or your child does not meet criteria sstated in court order you have grounds to modify order
     
  7. 444stam

    444stam New Member

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    So are you saying this order can only be modified, but not terminated? I would not stop paying on my own but petition the courts to terminate on the grounds she no longer lives at home, she is out of high school and is 19, and is a part time student which my decree clearly states full time student.
     
  8. jacksgal

    jacksgal Super Moderator

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    You can petition to end support based on both she does not live with Mom (so Mom does not get money) and she no longer meets criteria set aside by court as she is not attending school "full time"
     
  9. 444stam

    444stam New Member

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    That is what I have done. I petitioned to end based on her residency, age, and school status. I am also going for wrongful enrichment since she has been gone for 3 months. Not sure if that will stick though.
     
  10. Proserpina

    Proserpina Moderator

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    Wrongful enrichment? really?

    Not so much.
     
  11. 444stam

    444stam New Member

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    Update

    Found out daughter went part-time in between semesters and is thinking about going back full time next semester which starts Jan 10th. She moved out of her moms house the first week in october into my moms house (grandmother), filed a change of address with the post office, changed her drivers license address with the DMV, and was on her grandmothers auto insurance, went part-time after her finals the first week in December, ended up moving back home with her mom the day after Christmas. I filed termination petition with my attorney on Dec 6th.

    Settlement agreement states:


    I pay until she reaches the age of 23, is attending college FULL-TIME pursuing a regular four year degree, marries or dies, whichever comes first.

    In the process I also found out that she is attending a two-year community college.

    Do I have a case?
     
  12. Proserpina

    Proserpina Moderator

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    She can attend two 2-year colleges to obtain a four year degree.

    That's what I'd argue to the court if I were the other party.

    Surprised your attorney didn't mention that.
     
  13. 444stam

    444stam New Member

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    My attorney sent her attorney a letter asking for proof that the child in question attends college full time and if they did then we would drop our case. They never responded to the request. So he sent another request asking for proof that the child is attending college full time and gave 10 days to reply or the case will be placed on the judges calendar. With 4 days left and no response what do they stand to gain by not responding to two separate requests to provide proof. Is this some type of legal tactic?
     
  14. disagreeable

    disagreeable New Member

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    It sounds like your timing sucked and you tipped your hand. Should have waited until spring classes started.
     
  15. 444stam

    444stam New Member

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    Disagreeable, thanks for the response, but I was hoping for something that more specifically answered my question/concern. I was hoping maybe Prosepina might chime in. If you can be more specific that would be great too. BTW, the 10 days has expired and they still have not responded to the request for school records.
     
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