Ending Child support

[fabfour]

What is the name of your state? SD

My decree states that child support shall terminate when my eldest child turns 18 or graduates high school. I have two children, one has turned 19 and the other turns 18 this month. According to the child support decree it states the "eldest". Since my daughter turns 18 this month but doesn't graduate until May of next year, do I have the legal right to stop child support since the decree states "eldest" child?

 

[Boxcarbill]

What is the name of your state? SD

My decree states that child support shall terminate when my eldest child turns 18 or graduates high school. I have two children, one has turned 19 and the other turns 18 this month. According to the child support decree it states the "eldest". Since my daughter turns 18 this month but doesn't graduate until May of next year, do I have the legal right to stop child support since the decree states "eldest" child?

Obviously this was a clerical error in the judgment that should have been caught before now and corrected by judgment Nunc Pro Tunc. You can stop ipaying and she will take it to court and get the judgment corrected. So if you do decide to stop paying, I would advise you not to blow the money because you will need it after the judgment is corrected.

 

[Whyscracker]

I am going through the exact same thing. My daughter turned 18 last October, graduated high school this May. I also have a 15 year old son. My decree said the same thing as yours. It is now Sept, and I am still paying the full amount, and there is no end in sight. I filed all the necessary paperwork in May, but she hired an attorney to set up road blocks for me. To date, I have spent $5,000 in attorney's fees, and can easily expect another 5K before I see any results. The courts allow attornies to stall everything indefinitely. While she is stalling, I have to continue to pay in full, or I am subject to contempt and prosecution for not paying child support. The caveat in my case is that my X is trying to stall the entire proceedings because she doesn't want to disclose all of her income. It would not work to her best interest in the recalculation of CS, therefore she is stalling. She also is delusional that she is going to get attornies fees from me, even though she is the one creating all the litigation. In the meantime, I am borrowing money just to make my CS payments, as well as keeping my head above water. She, on the other hand is traveling, bought a new car, and doesn't work. (She gets IRA distributions from her late father's estates) What a friggin' nightmare!!!!! My next hearing is mid October. I'll be living on the streets by then!