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Paying after daughter is 18

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mikegardner

Junior Member
What is the name of your state? California
My X and I agreed to me paying $300 per mo. for our 1 daughter. When I recieved divorce papers it said to pay $500. I have paid $300 per mo. for the last 4 years, uncontested by my X.now my daughter is 18 and out of school, and my X wants me to keep paying. I do not! I work for myself and make very little money, she makes 60K yr. Whats the worst that could happen to me if I stop paying thank-you
 


Neal1421

Senior Member
mikegardner said:
What is the name of your state? California
My X and I agreed to me paying $300 per mo. for our 1 daughter. When I recieved divorce papers it said to pay $500. I have paid $300 per mo. for the last 4 years, uncontested by my X.now my daughter is 18 and out of school, and my X wants me to keep paying. I do not! I work for myself and make very little money, she makes 60K yr. Whats the worst that could happen to me if I stop paying thank-you
Was it ordered that you pay $500 a month and you just chose to pay $300?
 

LdiJ

Senior Member
mikegardner said:
What is the name of your state? California
My X and I agreed to me paying $300 per mo. for our 1 daughter. When I recieved divorce papers it said to pay $500. I have paid $300 per mo. for the last 4 years, uncontested by my X.now my daughter is 18 and out of school, and my X wants me to keep paying. I do not! I work for myself and make very little money, she makes 60K yr. Whats the worst that could happen to me if I stop paying thank-you
You are definitely in arrears for 200.00 x 12 months times 4 years....plus interest. Therefore you owe that and will be forced to pay it if it goes to court. Its also likely that you would end up paying her attorney fees as well. It may be in your best interest to continue paying the 300.00 per month until you have paid off the 9600.00 that you owe. At least that would save you interest and possible attorney fees.
 

mikegardner

Junior Member
I figured as much Thank-you**************....however my main question seems to be the most ilusive. If i refuse to pay her.Whats the worst that could happen and when????? I'm an artist with bad credit I don't own any thing except my tools and don't have a job that my pay could be garnished.
 

Silverplum

Senior Member
mikegardner said:
I figured as much Thank-you**************....however my main question seems to be the most ilusive. If i refuse to pay her.Whats the worst that could happen and when????? I'm an artist with bad credit I don't own any thing except my tools and don't have a job that my pay could be garnished.
IF you had read the links I posted for you, then you would know the answer to your question. :rolleyes:
 

ceara19

Senior Member
mikegardner said:
I figured as much Thank-you**************....however my main question seems to be the most ilusive. If i refuse to pay her.Whats the worst that could happen and when????? I'm an artist with bad credit I don't own any thing except my tools and don't have a job that my pay could be garnished.
The good news is that you don't have to worry about having bad credit (and here's the bad news) while you are in jail.
 

sparkleguitargr

Junior Member
The worst that could happen? You will be found in comtempt of court and spend some time in jail... and STILL owe the money. I don't know about the laws where you are but in IA, you lose your driver's license and face jail time (which holds its own fees and penalties) on top of having to still pay what you owe. Why were you not paying the $500 to begin with? If you agreed to something else you should have gone back to court to get the matter set straight. Now you owe an extra $200 for every month since the order was started. Maybe it's time to put the paints away and find a decent job to contribute to the care of your child who is now an adult!
 

Silverplum

Senior Member
sparkleguitargr said:
The worst that could happen? You will be found in comtempt of court and spend some time in jail... and STILL owe the money. I don't know about the laws where you are but in IA, you lose your driver's license and face jail time (which holds its own fees and penalties) on top of having to still pay what you owe. Why were you not paying the $500 to begin with? If you agreed to something else you should have gone back to court to get the matter set straight. Now you owe an extra $200 for every month since the order was started. Maybe it's time to put the paints away and find a decent job to contribute to the care of your child who is now an adult!
Well, that was pointless. :rolleyes:
 

Gracie3787

Senior Member
While I agree with the other responses, I do see another side of the situation.
Has your ex at any time during the 4 yrs make any attempt to collect or enforce the full amount in the court order?
If she didn't it MAY be possible for you to use the defense of waiver and laches- meaning that her failure to enforce full payment may be considered as an acceptance of the lower amount and waiver of collecting the other $200 a month.

You should get a short consultation with an attorney to see if the facts in your case allow for that defense.
 

mikegardner

Junior Member
Hi Thank-you, My Ex Has Never Contested Me Paying The Full Amount.an Attorney A While Back Did Mention. That Your Answer Was An Option.
 

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