I have been receiving the same amount of child support for my two sons for the past 8 years. My oldest son turned 18 in June (younger one is 15) and shortly after my ex decided to cut my child support in half. He didn't talk to me about it...just did it. I have always assumed that it would be reduced, but isn't that something that only a judge can change legally? Is he in contempt of court by breaking a court order? It probably isn't relevant, but my 18 year old son has graduated from high school but still lives with me and works part time. I think I just need to talk to my attorney, but in the meantime I was wondering if any of you had any insight for me. Thanks so much!
Roger S2009-08-24T18:09:34Z
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Sorry, but the other answer is WRONG. In order for the child support to be changed in any way (up or down), the parents have to go back to court and a judge has to give an adjustment order because you have another child. They will need to recalculate based on your current incomes.
Support for 1 child is NOT half of support for 2 children. He will end up owing you back support for what he missed and it will not look good that he just did this on his own. He should have spoke with an attorney about 3 months before the child turned 18 so they could have made plans to get you all back in court for the adjustment.
Even though you're the "other side," I will be honest with you and tell you that you need to talk with an attorney and reassure you that you're right. I don't know if he is in contempt of court, but he is now in default of his child support even though he will disagree. The judge will take care of it. The lawyers will get too much money.
Finally, since it has been 8 years since your last calculation of support and his income has increased more than yours has, it is very likely he will pay MORE than he did before. ooops!
Added: You should have support recalculated every 3 to 5 years and if either party has a large change in income.
Who is the bonehead who gave me a thumbs down? Sorry, but you are WRONG. I've been in the thick of this for years.
You should definitely talk to your attorney, but in the meantime, you should check your divorce decree. It is usually written in there that the child support will reduce when the oldest child emancipates, and sometimes they will say a percentage that it will reduce by. If it's in your decree, he probably doesn't need a court order to reduce the payment. If it's not in there, then he might be in contempt but will probably end up with a reduction in his child support in the end anyway.
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Support stopped for the 18 year old. Doesn't matter if he is still living with you. Your ex husband may have gotten an order and you just don't know...or the original order may have said that support stops at 18, if the child is not continuing school.
What does the order of support say? If support is only until the kids turn 18 then of course he can cut the support in half, he doesn't NEED a court order because it is already in the papers. Yeah you'd better talk with your lawyer because you obviously didn't understand your divorce papers when you signed them.