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Child support reduced.....legal?
I have been receiving the same amount of child support for my two sons since my divorce 8years ago. 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 known 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? Our original agreement stated that child support ended at age 18, but it didn't say what it would be reduced to when only one child was under 18.
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!
3 Answers
- Anonymous1 decade agoFavorite Answer
It's perfectly legal. You have 2 kids, one of whom is now 18. You admit the agreement says UNTIL AGE 18. Therefore only one needs support from a legal point of view.
2 kids minus 1 kid= half support payments.
- 1 decade ago
You should definitely talk to your lawyer. It's tricky. If there are 2 children on an order and one child's right to child support payments is terminated, it doesn't automatically mean that the support payments are halved. For example, if the child that's still subject to the order is sickly with a chronic illness, it wouldn't be fair to treat that child and the healthy one that's off the order equally in terms of child support payments. Every child is unique with different needs. It's unfortunate that the child support wasn't allocated to each child. Allocation means the order would have said something like $250/month allocated $125/month per child. That would have made things clear, but that's not the case here. In any event, your lawyer will know what to do. Good luck.
- LadyCatherineLv 71 decade ago
usually if there are 2 children and the court order says that when 1 turns 18 child support ends then it is legal for him to cut it ..
it is also legal for him to pro rate it for the month the child turned 18, like if boy turn 18 on february 1st then he only have to pay child support until feb 1st. for only one month..
sorry that is the way it works..
