ending CS

[susie521]

What is the name of your state? - California

I am so confused about how to stop paying CS, I am hoping someone here can help.

I pay support for two children: 15yo boy, 17yo girl. The order says that I am to "pay 1000 as and for child support, 500 for each child, until the child dies, marries, is emancipated, is 18 and graduates high school, or is 19, whichever happens first"

about 2 years ago, the ex and I agreed (verbally and in writing, but not through the courts) to increase child support to 1400. When daughter graduates highschool (and is 18), can I legally drop child support to 500?

I realize that if ex chooses to be reevaluated after daughter graduates, I will probably have to pay about 1200, so I will continue to pay 1000, assuming she agrees, I just want to know where I stand legally. Also - the 400 difference will be sent to daughter if she goes to school full time.

Because the order spells out an amount for each child, do I HAVE to go back to court to change the amount I pay or can I just automatically drop it to 500? Even if I legally have to change the order, and choose not to, if I continue to pay 1000, I'm not in contempt, right?

I sure help someone can help me - IAAL, maybe?
Thanks a bunch!!!

 

[Grace_Adler]

Are you paying directly to the other person or through CSE? See the thing is, if something ever were to happen, the other person could take you back to court for failure to comply if ya'll drop the amount without a court order. Do you know what I'm trying to say? I would protect myself and pay what is required by the court order. If you want the amount changed i'd go to court for it. Of course if you want to pay more that's fine but it will probably be considered "gift" money and not "support" money by the courts.

 

[susie521]

Grace - I understand what you are saying, but it still doesn't answer the actual question. Let me try this - The order states that I must pay 500 for EACH child until they are married, 18, etc, etc, so once a child is married, 18 etc, etc, I should be able to drop that amount right? I mean, if there was only one child, would I still have to have the order modified? It clearly states that there are conditions that can end the support. Everyone else I know that pays support their order simply says pay support according to state guidelines, with no "until " clause. I would think that my "until" clause would make it unneccessary to modify the order.

I know that the legal point of view can often be different than the common sense point of view, so I just would like to be sure.

Thanks for your response!!

oh yeah - I am paying through an allotment, directly from my paycheck to her bank account for the 1000, and personal check for the remaining.

 

[Grace_Adler]

Yes, when the first child turns 18 or gets married or graduates or whatever, as far as I know that amount should be lowered to pertain to just one child.. whatever that amount would be.

Now as far as being able to do it yourself or going to back to court over it, I'm not sure. Every state is different and I'm not sure what your state says. Even though an order or even the state guidelines may say pay until .... some people still have to go back to court over it and have it modified or ended that way because they will end up facing arrears if they stop on their own. Some states will make you pay till they retire if you don't stop it yourself. Others states may let you stop without further order from the court. I don't suppose your order happens to state on there which it is does it?

I can give you some links to research if you want, if you haven't done so already. They have the state guidelines on them and I have a link that gives state statutes.

I hope this helps. Sorry I don't know more.

 

[haiku]

in most states I am aware of, even if the papers clearly state the conditions that must be met to end child support, when the child meets those conditions you will still have to go to court to amend the agreement. Until you do you are still liable to pay, and would be considered in contempt if you stopped on your own.

 

[I AM ALWAYS LIABLE]

My response:

In California, the child support terminates automatically if the NCP is paying directly. If there is a "trustee" involved, and there are deductions from the NCP's paychecks, then the NCP must inform the trustee of his daughter's emancipation before deductions are stopped. The way to do this is to send the trustee proof of age, and proof of high school graduation. No further court appearances are necessary. Once established, a Family Code § 4550 et seq. child support trust account continues (subject to disbursement and replenishment orders) for the full duration of the child support obligation - - i.e., for so long as court-ordered child support is due under the terms of the order or by operation of law (ordinarily, throughout child's minority or until child's emancipation by marriage, age, high school graduation, etc.).

The account "shall be dissolved" and any remaining balance returned to the support obligor with interest earned thereon upon termination of the child support obligation and full payment of all amounts due under the child support order. [Ca Fam Code § 4563]

If our writer chooses to pay more than $500.00 per month for the second child, well, that's his business.

IAAL