paying child support to adult 22 year old while being disabled

[zorax03]

What is the name of your state (only U.S. law)? massachusetts.
hello
ive have been paying my child support for years i have three children which 2 of them have turned 23 years old.I have one left he is 22 years old.I pay 600 dollars a month for the one child. I paid 600 a month for two children so the same amount for one as for two.My question is that i receive social security payments i m disabled need a heart transplant to live.My oldest son at 22 goes to college he graduates school may 2011.Would that be my last payment i have to make to her can i automatically stop paying her when he officially graduates from school.She has taken me to court once for nonpayment when i was recieving social securtiy payments my benefits were never touched until the youngest reached 18.They paid her her money every month.But when they turned 18 my benefits was cut by 600 dollars a month making it tuff to pay but i have scrapped by. When they turned 18 social stopped paying 5 months went by only to find out i owed the money which i borrowed and paid her in full.Thankyou mikeWhat is the name of your state (only U.S. law)?

 

[mistoffolees]

Please state the exact wording of the child support order.

 

[nextwife]

Have you filed for a modification based upon your changed circumstance? Needing a HEART TRANSPLANT is a pretty big deal, and you likely also have extensive medical expenses.

 

[zorax03]

the origanal child support order is written as follows the weekley payment of the husband hereuner shall in any event cease when the child becomes emancipated when the child either attains the age of eighteen graduates from high school which ever happens last enters into military service;or the marrige of the child;
Except that in the event that any such child is attending college and is maintaing a home with the wife and is principally dependent on her for support;then such payments shall continue until the age of 21;
the child deceases.
That is what is written in the origanal divorce decree.But massachusetts changed the child support law to the age of 23.My son will graduate in may 2011 but will not turn 23 until agust of 2011.


no modification has been done in the courts on this issue.Usually when we have gone we are in a room with a clerk of the court and it never reaches a judge.As far as needing a transplant i have dilated cardiomyopthy i was given 5 years to live but somehow i have managed to stay alive for 13 years but my heart is ruff shape, Left ventricle severly dialated and the pumping action is only 15 percent.

 

[ecmst12]

If your order says 21, then 21 it is. A court order is allowed to deviate from the state guidelines if the parties agree to it. And you need to go back to court to get it changed for 1 child instead of 2 or to stop payments.

 

[mistoffolees]

If your order says 21, then 21 it is. A court order is allowed to deviate from the state guidelines if the parties agree to it. And you need to go back to court to get it changed for 1 child instead of 2 or to stop payments.

And, unfortunately, you will almost certainly not be able to recover the excess amounts you've paid.

So get to court ASAP to request termination of payments because the court order says they stop at 21.

 

[zorax03]

even though the state changed the guideline to age 23 wouldn't my childsupport be grandfathered in to be what the state law is.I have been to court and no one mentions that two me. there would not be a better thing if this would end.

 

[ecmst12]

If your ex never filed to change the order based on the new guideline then the existing order stands. And it's not certain that it would have been changed even if she HAD filed; you both agreed to 21 when you signed the papers.

 

[CSO286]

OP, I have a question: Were you collecting social security for your children as thier rep payee, once you became eligible?

Stands to reason that if you were, and your ex got wind of that, then filed as the rep payee, your disability would be reduced by that amount or so.

Seniors, plesae correct me if I'm wrong, but I've seen similar things happen. Dad is disabled, and is also receiving child benefits (kids quailfy based on dad's elegilbility), until mom finds out, then she goes down and files as rep payee...dad then calls, very upset....

 

[LdiJ]

OP, I have a question: Were you collecting social security for your children as thier rep payee, once you became eligible?

Stands to reason that if you were, and your ex got wind of that, then filed as the rep payee, your disability would be reduced by that amount or so.

Seniors, plesae correct me if I'm wrong, but I've seen similar things happen. Dad is disabled, and is also receiving child benefits (kids quailfy based on dad's elegilbility), until mom finds out, then she goes down and files as rep payee...dad then calls, very upset....

I don't think that is what happened here, because children's benefits don't continue past graduation from high school.

I think that the child support was being covered by the children's benefits, and when those expired mom went after him directly for support to continue.

 

[CSO286]

I don't think that is what happened here, because children's benefits don't continue past graduation from high school.

I think that the child support was being covered by the children's benefits, and when those expired mom went after him directly for support to continue.

Thanks for clarification!!

 

[zorax03]

cs0286
yes you have it right.I am the one collecting from social security and then paying the money to her.I see in most states child support ends at 18.The laws should be the same across the board but they are not.Another thing i think social security automatically stops at 18 for everyone child support should stop the same way for so many years i was fine what they give me to live and then they turn 18 social ends they come after me for the money 600 dollars a month.I pay that pay my rent pay for my meds leaving about 100 dollars to live on for a month.I am lucky though my girlfriend has some money and has helped me along the way. Thankyou for your answers in this fight for freedom.Hope i live to see the end come. zorax03