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Support reduction @ 18 years in GA

Discussion in 'Alimony & Spousal Support' started by tlg3816, May 17, 2010.

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  1. tlg3816

    tlg3816 Law Topic Starter New Member

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    I currently have a child support order that has not been amended since it's origination approx. 5 years ago. Since this time my oldest child has turned 18 years of age and will be graduating this month. I have been told that because the decree did not specify support on an "individual" basis/each child separately that the support would NOT be lowered.

    The decree provides a set amount and it's correlating due date then reads "In the event that either child enrolled in and is attending a secondary school when the child reaches 18, then child support shall continue until the child completes secondary school or is no longer enrolled or attending such secondary school, but in no event shall child support extend beyond the 20th birthday of the youngest child." This is followed by definition of violating the order.

    Am I incorrect in assuming that the words "either" and "child" usually indicate a singular form. Just trying to decide if I should seek legal help in this matter. Any advice will be appreciated.
     
    Last edited: May 17, 2010
  2. Proserpina

    Proserpina Moderator

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    I'd sure as heck to back to court to modify. It can't hurt - and you won't get a reduction unless you try.

    The worst that can happen is your petition is denied.
     
  3. irish223

    irish223 Moderator

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    I'm curious about who told you that?

    As far as I know, most decrees do NOT specify an amount per individual child, and can be modified whenever children age out/graduate.
     
  4. tlg3816

    tlg3816 Law Topic Starter New Member

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    @Irish, actually it was child services interpretation of it after review. Just doesn't sound quite right to me. I pay $400/month in insurance premiums and $250/month for their cellphones before the child support deduction. As well, I am a single income parent versus their double income.

    @Prosperpina, thanx. Maybe I will pursue it further. (Still need to get over the shock of it. I was attempting to make plans to go back to school and this really bursted my bubble.) Pardon my apprehension of going back to court. You see, my ex held this case in limbo for 10 years. Meanwhile I received no support, yet very costly attorney fees. Finally contacted the judge merely requesting to dissolve my marriage. The judge ordered support, not I. I had given up on that part of it. After one year of receiving support a stand-in judge reversed this order after my ex drug me back to court. I have finally realized that any gain that I may have received would have been lost in fees anyway.

    Now, just at a loss.
     
    Last edited: May 19, 2010

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