Can non-residential parent?

M

MikeMiller

New Member
Jurisdiction
Illinois
I have an 18 year old daughter. Still in high school. Lives with me (dad). I have residential custody. Mom pays child support through the state meaning it ends when she turns 18 or graduates high school whichever is latest.

Child and I had an argument. Mom moved her out (her motives are obvious). I still pay rent for her bedroom (3BR), her contact lens prescription (mailed monthly), her phone bill, still has the key to the residence, still gets mail at my place, and still has clothes in residence.

Can mom just go to court and get child support dropped because daughter had a hissy fit and moved in with a friend which could be temporary or would judge consider motion to postpone at least 30 days with mom paying her child support to see "how the situation plays out"???
 
There is no way that we can predict how a judge would rule on such a motion. You would be wise to ask your attorney because your attorney knows the "mood" at the court that your motion will be heard in.
 
MikeMiller said:
I have an 18 year old daughter. Still in high school. Lives with me (dad). I have residential custody. Mom pays child support through the state meaning it ends when she turns 18 or graduates high school whichever is latest.

Child and I had an argument. Mom moved her out (her motives are obvious). I still pay rent for her bedroom (3BR), her contact lens prescription (mailed monthly), her phone bill, still has the key to the residence, still gets mail at my place, and still has clothes in residence.

Can mom just go to court and get child support dropped because daughter had a hissy fit and moved in with a friend which could be temporary or would judge consider motion to postpone at least 30 days with mom paying her child support to see "how the situation plays out"???
Click to expand...

She can go to court and file anything she wants. But by the time it gets through the system, your daughter is probably going to be graduated. So it's probably pointless for her to do so especially with court cases getting delayed due to covid.

But there's nothing to stop her mom from filing to stop child support - will it get approved? We don't know.
 
MikeMiller said:
Can mom just go to court and get child support dropped because daughter had a hissy fit and moved in with a friend which could be temporary or would judge consider motion to postpone at least 30 days with mom paying her child support to see "how the situation plays out"?
Click to expand...

The mother certainly can "just go to court" and request whatever she wants. No one, other than an attorney who practices family law in the county that has jurisdiction in your case, can intelligently opine about the chances of success. That said, your daughter is a legal adult, who is entitled to live wherever she wants, and whom you're no longer legally obligated to support.
 
zddoodah said:
T... whom you're no longer legally obligated to support.
Click to expand...
Lest it mislead the OP, I need to point out that if the OP is under a court order to send money to the mother as child support, then he must do so.
 
Zigner said:
Lest it mislead the OP, I need to point out that if the OP is under a court order to send money to the mother as child support, then he must do so.
Click to expand...

He's not. He's the custodial parent receiving child support from his ex. That continues as long as she is in high school (she's already 18) unless the ex gets a court order stopping the support.
 
adjusterjack said:
He's not. He's the custodial parent receiving child support from his ex. That continues as long as she is in high school (she's already 18) unless the ex gets a court order stopping the support.
Click to expand...
Gothca - I must have gotten this mixed up with other CS threads.
 
Zigner said:
Lest it mislead the OP, I need to point out that if the OP is under a court order to send money to the mother as child support, then he must do so.
Click to expand...

"Mom pays child support through the state meaning it ends when she turns 18 or graduates high school whichever is latest." She pays him child support. But the 18 year old went to live with the mom - and he's wondering can the mom go to court and get child support stopped because their child moved in with her. Yes she can file a request - but it doesn't mean it gets approved. And if child support order is 18 or graduates high school, whichever is latest, graduation is in 3-4 months.
 
leslie82 said:
"Mom pays child support through the state meaning it ends when she turns 18 or graduates high school whichever is latest." She pays him child support. But the 18 year old went to live with the mom - and he's wondering can the mom go to court and get child support stopped because their child moved in with her. Yes she can file a request - but it doesn't mean it gets approved. And if child support order is 18 or graduates high school, whichever is latest, graduation is in 3-4 months.
Click to expand...

Right - I acknowledged the correction above :)
 
adjusterjack said:
No.



Dad wants to know if he still has to pay for
Click to expand...

My bad I misread it who she lives with. But not what he said in the OP about who pays child support and who has custody: "I have an 18 year old daughter. Still in high school. Lives with me (dad). I have residential custody. Mom pays child support through the state meaning it ends when she turns 18 or graduates high school whichever is latest."

Dad is not paying child support. Mom is. And he wants to know can mom go to court to stop child support now since the kid moved in with her friend. But she still uses his address.

"Can mom just go to court and get child support dropped because daughter had a hissy fit and moved in with a friend which could be temporary or would judge consider motion to postpone at least 30 days with mom paying her child support to see "how the situation plays out"???"

If the kid is already 18 but still in high school and mom pays support until 18 or graduates high school - kids graduate high school May/June usually. If the mom filed now to stop child support, by the time a judge saw it, she'd probably be about to graduate. It's almost March already. Mom should just wait til she graduates high school to file to stop it.
 
leslie82 said:
Mom should just wait til she graduates high school to file to stop it.
Click to expand...

Mom is paying "through the state." She won't have the luxury of just discontinuing payments and may end up continuing to pay beyond graduation until the state approves cessation. Might be a good idea for her to arrange for the court order in advance of graduation.
 

Share this page

Get a free case review from a lawyer
Back
Top