My husband has been paying child support for his son for the last 14 years through the state of Texas. His son turned 18 last year. However, the Atty Gen's office will not stop the support order because my SS still has not received his high school diploma or GED.
My step-son has no physical or mental handicaps that would have prevented him from receiving his diploma. Instead, at the age of 18 and now almost 19, he's in the equivalent of the 10th grade.
Our biggest "fight" with his mother has been over my SS education. She has never been one to force him to go to school, to study, or to achieve passing grades.
During my SS 9th grade, he had missed more than 1/2 of the school year with no medical or other legitimate reasons. At one point, a truancy officer visited their home to see why he had not been in school. My SS told the officer, he hadn't been there since his mother "had not done laundry and he had no clothes to wear". (this was in the officers report to the court). My SS mother was charged with truancy. She was taken to court, found guilty, given a 11 month suspended sentence and a monetary fine. Even though my SS started going to school after her being found guilty, he was so far behind he failed the grade.
The following year, the same situation started again. My step-son began the school year attending almost everyday. However, a month into the year, he stopped going. Once again the school contacted the county and his mother was again taken to court. This time she was once again found guilty of truancy, placed on probation for 2 years and was given another fine. However, my SS had once again missed so many classes and was so far behind, he again failed.
During each of those hearing, my husband and I flew from Florida to Texas to attend. Each time we requested that custody be changed from the mother to my husband because of the educational and other issues. My SS being over 14, did not want to move in with us, and the judge, stating his right to choose at that age, agreed. Though, in his ruling he states my SS would greatly benefit by living with us.
My SS turned 18 last year. He has quit high school but according to his mother is attending a program to receive his GED. She however will not provide us with the name of this program, who runs it, where it is, when my SS goes, his attendance record, grades etc. Yes, my husband's custody order states she is required to provide us with all educational information, changes etc.
As a side note on how bad the TX Atty Generals office can be, my husband contacted his case worker to discuss ending his child support and/or receiving information on his son's education. He was told he was not allowed that information, that it was "privileged". The fact his custody papers say otherwise meant nothing to this particular caseworker.
Our contention is simple. My SS should have already received his diploma or at least a GED. Through no fault of ours he not completed high school as he should have.
We are in a position where we can not afford to hire a out-of-state lawyer to handle this so we are planning on requesting a modification of child support order (to end it) ourselves.
We are also requesting repayment of the monies paid in CS since the last month of the school year since he turned 18. If not repayment, we will request, that we are allowed the federal tax deduction for my SS for last and this year. In the 14 years my husband has paid his CS, first for two sons (one is now 22) and now his youngest, his ex-wife has not once allowed us to take a single tax deduction for any year. Before anyone asks, yes he has provided more than 50% of their expenses all of those years. In fact, his ex-wife has not worked at all since their divorce.
Does anyone know of any similar cases as this that we can bring up to the judge, or have any other ideas on how to approach this matter wiht the courts?
Does anyone have any advice, know of similar cases or legal/general ideas that will help us during this hearing? We have been infront of the judge who will hear this case before. While he's made decisions we have not always agreed with, he seems to be fair and incredibly strict when it comes to educational issues.
I apologize for the length of this post and thank those who respond with any ideas/advice.
Thank you
Brytani
My step-son has no physical or mental handicaps that would have prevented him from receiving his diploma. Instead, at the age of 18 and now almost 19, he's in the equivalent of the 10th grade.
Our biggest "fight" with his mother has been over my SS education. She has never been one to force him to go to school, to study, or to achieve passing grades.
During my SS 9th grade, he had missed more than 1/2 of the school year with no medical or other legitimate reasons. At one point, a truancy officer visited their home to see why he had not been in school. My SS told the officer, he hadn't been there since his mother "had not done laundry and he had no clothes to wear". (this was in the officers report to the court). My SS mother was charged with truancy. She was taken to court, found guilty, given a 11 month suspended sentence and a monetary fine. Even though my SS started going to school after her being found guilty, he was so far behind he failed the grade.
The following year, the same situation started again. My step-son began the school year attending almost everyday. However, a month into the year, he stopped going. Once again the school contacted the county and his mother was again taken to court. This time she was once again found guilty of truancy, placed on probation for 2 years and was given another fine. However, my SS had once again missed so many classes and was so far behind, he again failed.
During each of those hearing, my husband and I flew from Florida to Texas to attend. Each time we requested that custody be changed from the mother to my husband because of the educational and other issues. My SS being over 14, did not want to move in with us, and the judge, stating his right to choose at that age, agreed. Though, in his ruling he states my SS would greatly benefit by living with us.
My SS turned 18 last year. He has quit high school but according to his mother is attending a program to receive his GED. She however will not provide us with the name of this program, who runs it, where it is, when my SS goes, his attendance record, grades etc. Yes, my husband's custody order states she is required to provide us with all educational information, changes etc.
As a side note on how bad the TX Atty Generals office can be, my husband contacted his case worker to discuss ending his child support and/or receiving information on his son's education. He was told he was not allowed that information, that it was "privileged". The fact his custody papers say otherwise meant nothing to this particular caseworker.
Our contention is simple. My SS should have already received his diploma or at least a GED. Through no fault of ours he not completed high school as he should have.
We are in a position where we can not afford to hire a out-of-state lawyer to handle this so we are planning on requesting a modification of child support order (to end it) ourselves.
We are also requesting repayment of the monies paid in CS since the last month of the school year since he turned 18. If not repayment, we will request, that we are allowed the federal tax deduction for my SS for last and this year. In the 14 years my husband has paid his CS, first for two sons (one is now 22) and now his youngest, his ex-wife has not once allowed us to take a single tax deduction for any year. Before anyone asks, yes he has provided more than 50% of their expenses all of those years. In fact, his ex-wife has not worked at all since their divorce.
Does anyone know of any similar cases as this that we can bring up to the judge, or have any other ideas on how to approach this matter wiht the courts?
Does anyone have any advice, know of similar cases or legal/general ideas that will help us during this hearing? We have been infront of the judge who will hear this case before. While he's made decisions we have not always agreed with, he seems to be fair and incredibly strict when it comes to educational issues.
I apologize for the length of this post and thank those who respond with any ideas/advice.
Thank you
Brytani
