QUESTION
How can I protect myself from having to pay an unjust amount of child support?
Asked on Nov 17th, 2011 on Child Custody - Nevada
More details to this question:
I have been making child support payments to my daughter's mother for over 15 years. Our original legal document states a much smaller amount than I actually pay but I have increased my payment with my salary increase over the years. The original document also required me to provide health insurance for my daughter which I have done so. Taking into account the cost of health insurance and my child support payment I have been providing more than the required 17% support for close to 10 years. My daughter is now away at college and is incurring her own expenses, student loans (including housing), clothes, food, etc. and is working while I am still paying her mother the full child support payment. Her mother is now asking me to send monies to my daughter. My child support obligations also end in September of this year and I fear her mother is going to surprise me with demands for money for things such as co-pays that I was never asked to pay. I don't mean to be disparaging but she is only concerned with her second income ending and will do anything to keep the money coming as long as she can. Is there anything I can do to protect myself? Thank you.
12 ANSWERS
Family Law Attorney serving Pasadena, CA
at
Law Offices of Paul P. Cheng
Update Your Profile
Pay all funds to State Disbursement Unit.
Answered on Jun 26th, 2013 at 1:17 AM
General Practice Attorney serving Crystal Lake, IL
at
Bruning & Associates, P.C.
Update Your Profile
Your obligation to pay child support terminated when your daughter reached the age 18 and graduated from high school. You may have an obligation to help pay for her college expenses, and to continue to provide health insurance. However, the factors governing the obligation to provide for college expenses are different from those related to child support. Your ex-wife may also have an obligation to contribute to the college expenses.
Answered on Nov 22nd, 2011 at 12:53 PM
Divorce & Separation Attorney serving Menasha, WI
at
Petit & Dommershausen, S.C.
Update Your Profile
I assume your daughter is turned 18 in September? Call the child support agency and have them cancel your child support. After she is 18, you have no obligation to support your daughter (though you can of course help her if you wish to do so). As for medical co-pays, demand proof and if they are too old, refuse to pay them.
Answered on Nov 18th, 2011 at 11:00 AM
You can file to terminate child support at the time it should end. I would consult with an attorney that specializes in family law to advise you of your options.
Answered on Nov 18th, 2011 at 9:38 AM
Glen Edward Ashman
No one can answer you without seeing the paperwork, but if the child is already past 18, it may be too late for her to seek modification.
Answered on Nov 18th, 2011 at 9:20 AM
Business/ Commercial Attorney serving Seattle, WA
at
Wolfstone, Panchot & Bloch, P.S., Inc.
Update Your Profile
Under Washington state law your obligation to pay child support ended in September. An obligation to contribute to the cost of college may continue, but that depends on the specific language of the old court order.
Answered on Nov 18th, 2011 at 12:19 AM
Bankruptcy & Debt Attorney serving Jackson Heights, NY
at
Ruiz Law Group PC
Update Your Profile
Keep track of all monies you spent for your daughter and sent to her mother. Especially those for room and board for college. These may be used to reduce your child support obligation if she tried to go to the Court to seek a modification.
Answered on Nov 17th, 2011 at 11:56 PM
If you daughter is away at college, your child support, more than likely should have already ended. Take a look at your support papers and see when it says your termination date is, also whether it should be extended through college.
Answered on Nov 17th, 2011 at 11:56 PM
Probate Law Attorney serving Colorado Springs, CO
at
John E. Kirchner
Update Your Profile
In Colorado, child support terminates at age 19 (w/ some minor exceptions). But since you don't indicate whether there is a court order for child support in effect, or what state you are in, it is difficult to answer the question you have asked. Without knowing much more information, it isn't possible to determine what might be "unjust child support", why you are paying what you have been paying, or how to change anything. If, as it appears, there is no existing court order, it would be impossible to answer your question. If there is an existing court order, the answer is to seek a modification and/or termination of the current support obligation based on the current facts and circumstances.
Answered on Nov 17th, 2011 at 11:31 PM
Medical Malpractice Attorney serving Clermont, FL
at
Joanna Mitchell & Associates, P.A.
Update Your Profile
If your daughter is in college and you are in Florida, you shouldn't have any further child support obligations .
Answered on Nov 17th, 2011 at 11:24 PM
Civil Attorney serving Spokane, WA
at
Glenn E. Tanner, Attorney at Law
Update Your Profile
You can't change past facts. You can't control what the law might permit her to claim. So, find an attorney to help you with a possible defense if she takes action so you are prepared to defend yourself. Otherwise, be nice to the Mother. You may need to clarify or modify the existing order.
Answered on Nov 17th, 2011 at 11:21 PM
You really should consult with counsel; if your child is over the age of 18, in college, and your original order is under Nevada law, your obligation has already passed, and any payments of any kind that you make are strictly voluntary.
Answered on Nov 17th, 2011 at 11:17 PM