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Can non-residential parent?

Discussion in 'Child Support' started by MikeMiller, Feb 19, 2021.

  1. MikeMiller

    MikeMiller Law Topic Starter New Member

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    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"???
     
  2. Zigner

    Zigner Well-Known Member

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    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.
     
  3. MikeMiller

    MikeMiller Law Topic Starter New Member

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    Not much of an answer. Legally can it get dropped?
     
  4. Zigner

    Zigner Well-Known Member

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    One is free to make such a request.
     
  5. leslie82

    leslie82 Well-Known Member

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    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.
     
  6. zddoodah

    zddoodah Well-Known Member

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    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.
     
  7. Zigner

    Zigner Well-Known Member

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    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.
     
  8. adjusterjack

    adjusterjack Super Moderator

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    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.
     
    Red Kayak likes this.
  9. Zigner

    Zigner Well-Known Member

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    Gothca - I must have gotten this mixed up with other CS threads.
     
  10. leslie82

    leslie82 Well-Known Member

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    "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.
     
  11. adjusterjack

    adjusterjack Super Moderator

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    No.

    Dad wants to know if he still has to pay for

     
  12. Zigner

    Zigner Well-Known Member

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    Right - I acknowledged the correction above :)
     
  13. leslie82

    leslie82 Well-Known Member

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    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.
     
  14. adjusterjack

    adjusterjack Super Moderator

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    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.
     

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