CS questions - please advise.

[SweetSunflower]

What is the name of your state (only U.S. law)? New Mexico

I am out of state at the moment and don't have my divorce papers with me so I am unable to quote specifically the wording.

- Divorce was final in January 2010
- Custody and child support are spelled out in the divorce papes
- I am primary custodian for all three minor children
- Child support is $xxxx.xx for minor children until their emancipation; there is no amount listed as being specified per child (I hope that makes sense)

Our youngest (14 y/o daughter) went to live with him in December at which time I told him to file the change in court. He didn't feel the need to do this. He reduced by 1/3 the child support he was paying, again without modifying the court order as I suggested.

Our oldest son will be 18 on 29 July and is enrolled/attending college currently. I had thought that the child support for him would end once he turned 18 but he has again taken it upon himself to to reduce by another 1/3 the amount he is paying already.

I did not file the modification myself is because of the volitile hostility from my ex as a result of the Verified Petition to Divide Undivided Community Property Pursuant to section 40-4-20 NMSA 1978 (amended) I filed in January. There are criminal charges my x is facing due to him selling the undivided property, which is a large part of the hostility from him.

Questions-

Can I collect the $cs he did not file to modify or because I accepted a lesser amount for months would that been seen as a waiver of acquiescence, rendering my out of luck?

Our oldest son is not yet 18 although he will be on the 29th of this month. Am I correct in thinking that the x owes this last month of child support for him or does it typically stop on the first day of the month a minor child turns 18? Again, the decree simply states that cs stops upon emacipation, which he will be when he turns 18.


Thanks for any suggestions and if any further clairification is needed, I'll provide it.What is the name of your state (only U.S. law)?

 

[mistoffolees]

What is the name of your state (only U.S. law)? New Mexico

I am out of state at the moment and don't have my divorce papers with me so I am unable to quote specifically the wording.

- Divorce was final in January 2010
- Custody and child support are spelled out in the divorce papes
- I am primary custodian for all three minor children
- Child support is $xxxx.xx for minor children until their emancipation; there is no amount listed as being specified per child (I hope that makes sense)

Our youngest (14 y/o daughter) went to live with him in December at which time I told him to file the change in court. He didn't feel the need to do this. He reduced by 1/3 the child support he was paying, again without modifying the court order as I suggested.

Our oldest son will be 18 on 29 July and is enrolled/attending college currently. I had thought that the child support for him would end once he turned 18 but he has again taken it upon himself to to reduce by another 1/3 the amount he is paying already.

I did not file the modification myself is because of the volitile hostility from my ex as a result of the Verified Petition to Divide Undivided Community Property Pursuant to section 40-4-20 NMSA 1978 (amended) I filed in January. There are criminal charges my x is facing due to him selling the undivided property, which is a large part of the hostility from him.

Questions-

Can I collect the $cs he did not file to modify or because I accepted a lesser amount for months would that been seen as a waiver of acquiescence, rendering my out of luck?

Our oldest son is not yet 18 although he will be on the 29th of this month. Am I correct in thinking that the x owes this last month of child support for him or does it typically stop on the first day of the month a minor child turns 18? Again, the decree simply states that cs stops upon emacipation, which he will be when he turns 18.


Thanks for any suggestions and if any further clairification is needed, I'll provide it.What is the name of your state (only U.S. law)?

Admittedly, this should have been handled through the court, but neither of you did so. So, legally, you can try to collect (although if he has evidence that you agreed, he may not have to pay).

Morally, though, why do you think you have any right to collect child support for a child who was with him since December?

 

[SweetSunflower]

Appreciate the reply. You hit it right on the head.

It's the 'moral' part of my question that sours my stomach and why I have sat back quietly despite the fact that he stole the deed to my house and sold the house while I was living there with our minor children. That will all be settled in court eventually, but in the meantine, it still irritates me.

It's difficult taking the high road sometimes although to be honest, I'm probably just going through one of those 'foot stomping, sulking, it's not fair' moments.

It happens. I'll get over it.

Again, thank you for your reply.