QUESTION
Can my daughter who works and is out of school still collect child support from me?
Asked on Aug 31st, 2013 on Child Custody - Utah
More details to this question:
My daughter who is 18 and is working for Macy's (although I have no proof it was told to me), is still collecting child support from me. Her mother told her to apply for college thinking I still would have to pay because she is in school. She is out of high school. I owe arrears, cannot take a day off from work to fight it because I was told I would be replaced. I need my license to drive and as identification.
4 ANSWERS
Child support ends when the child is 18 and out of high school. If Child Support Services is involved you should call them and ask that any payments since 18 and out of high school be applied to arrears. There is no pro vision in California code to require paying for a child to go to college.
Answered on Sep 10th, 2013 at 3:49 PM
Commercial Contracts Attorney serving Boise, ID
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What does your order say, through 18 or through 21? If the order says 18, you are done. If 21, then you are probably stuck.
Answered on Sep 10th, 2013 at 3:49 PM
Divorce & Family Law Attorney serving Salt Lake City, UT
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Oh, how I hate it when people tell me, "I can't afford to go to court to enforce my rights." Fine, then. Don't go to court. Don't seek relief through the only channel available to you. Just keep getting shafted and indulging in self-pity. You have your reward. Or you can make a plan and take action. First, seeking relief from child support that you believe you are no longer obligated to pay does not require that you immediately go to court. You first have to prepare paperwork that you file with the court. If you cannot find the time to file the documents with the court personally, you can either mail them to the court or hire an attorney to prepare and file these documents for you. Or you can prepare all the documents for filing with the court and ask a friend or family member to take them to court and file them on your behalf. It could very well be that by filing a motion or petition for relief with the court, that your ex-wife will agree that you no longer have to pay child support in the matter can be taken care of without either of you ever setting foot in the courthouse. But if that doesn't happen, again you can hire an attorney to do most of the work for you so that you spend as little time away from work as possible. If it turns out that going to court for hearing proves utterly unavoidable, then surely you can take a vacation day or even have your lawyer issue a subpoena compelling you to appear in court, which most employers will honor without firing you.
Answered on Sep 10th, 2013 at 3:48 PM
You need to pay child support as set forth in the divorce decree or in the order of support. In Utah, child support usually stops when a child turns 18 unless the child is still in high school. In the later case, child support continues until the graduation from high school, in the normal course of education. The court can order child support beyond age 18 and until a child turns 21 if it finds a need. The court can also order support beyond age 21 if the child has special needs. You need to review the order or decree that contains the order of support. If there are child support arrears, payments after a child is emancipated will be applied to the arrears.
Answered on Sep 10th, 2013 at 3:48 PM