The "Father" is..."Terminating child support w/a Motion to Set"....

[needsToknow]

State: Tennessee

Facts:
*Daughter turned 18 in March of this year.
*She graduated high school in June of this year
*Up until her graduation I had been given regular child support payments
*Medical and dental coverage is under father's plan.
*I've not signed anything or been to court, yet the child support payments did stop.

Before my daughter graduated, I received at my doorstep a Circuit Court Summons regarding, Petition to Terminate Child Support delivered by a County Sheriff.
The Petition states to cease child support on June 16th regarding the child as being fully emancipated (child being fully emancipated was outlined in this petition taken from the original divorce decree) Also, that the father be relieved of any further responsibility of: providing health, hospitalization & medical coverage.

This past Monday I received a "Motion to set" regarding an up and coming court date regarding this matter.

I will have to act as my own lawyer. I can't afford a lawyer and my state does not supply legal assistance to anyone regarding anything of the "child support" nature. I want to know what I do about "answering" both the petition and the motion to set. BECAUSE, in between the time that I received the Petition and the Motion to set, I have been on the phone with the father's lawyer and trying to work this out- out of court.

My proposals were that the father CAN stop the child support, I have no problem with that. But, I did propose a lengthy letter stating the child's currents medical conditions/needs and asked that he keep her on the insurance ((his insurance will provide for her until she is 19 and beyond if she is a full time student)).
Also, I made a proposal if father would make some sort of "agreement" to help with the child's further education- and means of purchasing transportation. I didn't ask for a set amount, only a promise to help when those times come about.

I have been sending my proposals via the fax, keeping a daily diary of what I've been doing and what has been said to me by the father's lawyer/receptionist. The last thing that I was told on the phone after I received the motion to set, that "he" he being the lawyer is working for "him" him being the father, and to put my requests in the paperwork is not something they will do.

So my question is:
I just want to know how I go about making my efforts known to the judge either before I go to court on this, or when I actually get there. I would like for my documents such as my proposals to be known and that I have made every effort to do what I thought was in the best interest of my child.

Thank you

 

[meleahk1]

i don't think that the father is any longer liable to provide insurance either due to the child being 18. and at age 18 that child is now a legal adult. the child can go to work and get their own insurance plan through their employer. i would suggest that the child now goes to the father and talk to the father about it. the father may decide to leave the child on his insurance plan. i don't for sure, but the courts may say he has not legal obligation to do so because of the child being 18. look on the web site for tenn and see if there is a law library, also go to your local court house and use their law library, most of the time these services are free.

i don't know for sure but because the child is now 18 it may be an issue just between the two of them.

good luck and God Bless

 

[needsToknow]

Thank you for replying and yes I see your point. My point in the proposal to keep her on his insurance was not so much as a dependence just because it is available, but because she under the care of a physician at the present time. And may need surgery that is related to a particular medical condition that she has. And her prescriptions are covered right now under that insurance as well. I specified all of that to the lawyer in writing. I know she is an adult now and could ask him herself for the coverage to remain in effect, however, it was him asking me to sign the legal documents to relieve him so he no longer has to provide the insurance.

I had stated to his lawyer in my proposal "can she stay on the insurance until she has a job that offers her medical coverage. At this time she is currently looking for work. Also, then the factor of the fall semester of school comes in and she would probably not be able to hold down a full time job that offers insurance with such limited hours. There again, his insurance will carry her until the age of 19 and beyond until she is no longer a full time student.

As I stated in my previous post, I asked for such an agreement to be able to be reached. He has rejected on such an agreement and will not consider it.

But anyway, thank you for your post back to me.

 

[bmermom]

In California there is a court facilitator that will help you with this type of document. Most states have a law that states if the minor that is emancipated needs or has an ongoing medical condition the NCP cannot terminate insurance/support. Look @ childsupportguidelines.com or findlaw.com under state and all the forms are there. fill them out (there are directions attached) and they will send them to the judge prior to your hearing.

 

[meleahk1]

i am so sorry if i offended you in any way. i hope that your daughter will be okay. i would think that her father would want to keep her on his insurance. if he knows of the condition of his child and it appears that he does, why would he not want to? this bothers me from any parent in this situation, that would not want to! if he has a current family policy, then i don't see the problem, the cost is not anymore, however, if he has a 2 person coverage, (him and his daughter), then he is just being a jerk trying to save money. the other comment made, is a very good one. if your state has such a law in helping out in this situation, by all means check into it and act. you certainly can represent yourself, if you have your ducks in a row and sounds like you do. i certaily hope the judges makes the father keep the child on his insurance. under the circumstances i don't see a ruling any other way. but be prepared for a no. i will be praying for you and your daughter.