Terminate Child support

[Dj4thestars]

What is the name of your state (only U.S. law)? Pennsylvania
Child is 18 and in the 10 grade. Child has missed substantial amount of school. He even dropped out for a while only to return but not do anything academically. He has all F's. He has a IEP(learning disability) and now that he just turned 18 his mother has re-enrolled him into a transitional school whom has put him in the 10 grade even though he has had a F average. I have all the documents from the School district but every judge I see says they don't want to see anything. They just keep enforcing the support order which has never been decreased after I lost my job. I also have proof the mother has been selling custom shirts,sneakers&tutu's on her Facebook wall. Which means for over 2-3 years she haven't been reporting this extra income to the courts or IRS(paying taxes). What can I do legally? What is the law that says I can file to terminate on the day he turned 18 even though he is still in school due to the mother neglect and not enforcing him to go/stay in school? Help

 

[Proserpina]

What is the name of your state (only U.S. law)? Pennsylvania
Child is 18 and in the 10 grade. Child has missed substantial amount of school. He even dropped out for a while only to return but not do anything academically. He has all F's. He has a IEP(learning disability) and now that he just turned 18 his mother has re-enrolled him into a transitional school whom has put him in the 10 grade even though he has had a F average. I have all the documents from the School district but every judge I see says they don't want to see anything. They just keep enforcing the support order which has never been decreased after I lost my job. I also have proof the mother has been selling custom shirts,sneakers&tutu's on her Facebook wall. Which means for over 2-3 years she haven't been reporting this extra income to the courts or IRS(paying taxes). What can I do legally? What is the law that says I can file to terminate on the day he turned 18 even though he is still in school due to the mother neglect and not enforcing him to go/stay in school? Help anybody

What exactly - word for word minus names - does your court order say about ending child support?

 

[Dj4thestars]

What is the name of your state (only U.S. law)? Pennsylvania
Child is 18 and in the 10 grade. Child has missed substantial amount of school. He even dropped out for a while only to return but not do anything academically. He has all F's. He has a IEP(learning disability) and now that he just turned 18 his mother has re-enrolled him into a transitional school whom has put him in the 10 grade even though he has had a F average. I have all the documents from the School district but every judge I see says they don't want to see anything. They just keep enforcing the support order which has never been decreased after I lost my job. I also have proof the mother has been selling custom shirts,sneakers&tutu's on her Facebook wall. Which means for over 2-3 years she haven't been reporting this extra income to the courts or IRS(paying taxes). What can I do legally? What is the law that says I can file to terminate on the day he turned 18 even though he is still in school due to the mother neglect and not enforcing him to go/stay in school? Help
anybody [email protected]

They say cause he is still in school and has a IEP I must continue to pay support.

 

[Proserpina]

They say cause he is still in school and has a IEP I must continue to pay support.

Word for word please.

You might want to remove your email address from your posts too.

 

[Dj4thestars]

What is the name of your state (only U.S. law)? Pennsylvania
Child is 18 and in the 10 grade. Child has missed substantial amount of school. He even dropped out for a while only to return but not do anything academically. He has all F's. He has a IEP(learning disability) and now that he just turned 18 his mother has re-enrolled him into a transitional school whom has put him in the 10 grade even though he has had a F average. I have all the documents from the School district but every judge I see says they don't want to see anything. They just keep enforcing the support order which has never been decreased after I lost my job. I also have proof the mother has been selling custom shirts,sneakers&tutu's on her Facebook wall. Which means for over 2-3 years she haven't been reporting this extra income to the courts or IRS(paying taxes). What can I do legally? What is the law that says I can file to terminate on the day he turned 18 even though he is still in school due to the mother neglect and not enforcing him to go/stay in school? Help

 

[Proserpina]

What is the name of your state (only U.S. law)? Pennsylvania
Child is 18 and in the 10 grade. Child has missed substantial amount of school. He even dropped out for a while only to return but not do anything academically. He has all F's. He has a IEP(learning disability) and now that he just turned 18 his mother has re-enrolled him into a transitional school whom has put him in the 10 grade even though he has had a F average. I have all the documents from the School district but every judge I see says they don't want to see anything. They just keep enforcing the support order which has never been decreased after I lost my job. I also have proof the mother has been selling custom shirts,sneakers&tutu's on her Facebook wall. Which means for over 2-3 years she haven't been reporting this extra income to the courts or IRS(paying taxes). What can I do legally? What is the law that says I can file to terminate on the day he turned 18 even though he is still in school due to the mother neglect and not enforcing him to go/stay in school? Help

Please. Type. Word. For. Word. What. Your. Court. Order. Says. About. Child. Support.

Thank you.

 

[Ohiogal]

So your son is 18, in 10th grade due to mother's neglect -- in your words, and YOU are concerned about the money and not your son.

That could be what perturbed the courts. Your son's grades and attendance are NOT relevant to CHILD SUPPORT since he is still iln high school. That is why the court would not review them.

 

[Ohiogal]

The law in PA

(e) Within one year of the date a child who is the subject of a child support order reaches eighteen (18) years of age, the domestic relations section shall issue an emancipation inquiry and notice to the obligee, with a copy to the obligor, seeking the following information:

(1) confirmation of the child’s date of birth, date of graduation or withdrawal from high school;

(2) whether the child has left the obligee’s household and, if so, the date of departure;

(3) the existence of any agreement between the parties requiring payments for the benefit of the child after the child has reached age eighteen (18) or graduated from high school; and

(4) any special needs of the child which may be a basis for continuing support for that child beyond the child’s eighteenth birthday or graduation from high school, whichever is last to occur

The notice shall advise the obligee that if the inquiry is not returned within thirty (30) days of mailing or if there is no agreement or the child does not have any special needs, the charging order may be modified or terminated by the court. When no other children are subjects of the child support order and the obligee either does not return the emancipation inquiry within thirty (30) days of its mailing or does not assert grounds for continuing support for the child, then the court shall have the authority to administratively terminate the child support charging order without further proceedings at any time on or after the last to occur of the date the last child reaches age eighteen (18) or graduates from high school. Termination of the charging order shall not affect any arrears accrued through the date of termination. The court shall have the authority to enter an order requiring the obligor to pay on arrears in an amount equal to the amount of the charging order until all arrears are paid.

If the order applies to another child or children and/or the obligee asserts that there is an agreement between the parties or that a child has special needs requiring continued support, then the domestic relations section may schedule a conference to determine if the charging order should be modified.

Because of the IEP you are looking at paying support until your child graduates from high school. Though mom may be able to get it to last longer than that.

Maybe instead of being a DJ 4 the stars, you should have made being a father your priority.

 

[nextwife]

The law in PA


Because of the IEP you are looking at paying support until your child graduates from high school. Though mom may be able to get it to last longer than that.

As a mom whose child was SEVERLY delayed (basically was little more than newborn development level at 25 months old, and is now pulling A's as the youngest kid in her freshman class, at one of the state's best high schools), and had an IEP since age three, I have trouble with the presumption that any child with an IEP should not be expected to complete school in the normal alloted time. Some children with some developmental or serious physical challenges may need more time, but I sure hope people aren't allowed to simply throw up their hands and say "Oh, gee, he has an IEP, I can't possible expect him/her to achieve at peer level."

An IEP is supposed to be a TOOL toward achieving, not a built in excuse for failure.

However, parents DO need to be pro-active, make sure their challenged child is getting to school early, staying late and working with their teachers and resource people at the school. Tutoring is also helpful, especially if the child faces orgnizational challenges. Parents of kids with IEPs need to be even more proactive than those of kids without. However, many can and should be expected to graduate with their class.

 

[Zigner]

...I have trouble with the presumption that any child with an IEP should not be expected to complete school in the normal alloted time. ...

Nextie - I agree with you, but it's a generalization that wasn't made in this thread. The OP's child did NOT finish school in the allotted time and, apparently due to his disability.

 

[Ohiogal]

As a mom whose child was SEVERLY delayed (basically was little more than newborn development level at 25 months old, and is now pulling A's as the youngest kid in her freshman class, at one of the state's best high schools), and had an IEP since age three, I have trouble with the presumption that any child with an IEP should not be expected to complete school in the normal alloted time. Some children with some developmental or serious physical challenges may need more time, but I sure hope people aren't allowed to simply throw up their hands and say "Oh, gee, he has an IEP, I can't possible expect him/her to achieve at peer level."

An IEP is supposed to be a TOOL toward achieving, not a built in excuse for failure.

However, parents DO need to be pro-active, make sure their challenged child is getting to school early, staying late and working with their teachers and resource people at the school. Tutoring is also helpful, especially if the child faces orgnizational challenges. Parents of kids with IEPs need to be even more proactive than those of kids without. However, many can and should be expected to graduate with their class.

No where did I state that it was an excuse for failure. NO WHERE did I STATE that children with an IEP can NOT graduate on time. My point was that it seems that his case would fit under number 4 due to the fact that the child has NOT graduated, has struggled with school and has an IEP. An IEP states that there are issues the child has had with education and the IEP addresses those issues. THAT works against dad getting out of paying just because his 10th grader is 18.

If this parent had actually been a parent and not a DJ 4 the stars (seriously, dj for big balls of gas -- NOT IMPRESSED) instead of parenting and trying to blame everything on mom, maybe his child would have succeeded more in line with his peers.

 

[nextwife]

Nextie - I agree with you, but it's a generalization that wasn't made in this thread. The OP's child did NOT finish school in the allotted time and, apparently due to his disability.

OR due to educational neglect. We know not which. But LOTS of very challenged kids do finish school on time, and we don't know what the nature of this child's challenges may be. "Learning disability" covers a broad spectrum and may or may not be a reason to fail so utterly.


Dad, have you been involved in any of the IEP meetings, reviewed the IEP plan, been in communication with the IEP team leaders, and his teachers, is the child mainstreamed, what sort of challenges are addressed in his IEP? Is medication involved, and has it been revisited and adjusted as the child has grown and matured physically? Example: an ADHD child - mine is ADHD almost off the scale! - needs to be weighed and have meds adjusted as needed, or at least levels checked, every few months. Are you monitoring his homework completion to see that he's turning in work on time, studying for quizes and tests, etc? Many high Schools now have online access to daily assignment status, test and quiz grades, tardies and absences.

 

[CJane]

OR due to educational neglect. We know not which. But LOTS of very challenged kids do finish school on time, and we don't know what the nature of this child's challenges may be. "Learning disability" covers a broad spectrum and may or may not be a reason to fail so utterly.


Dad, have you been involved in any of the IEP meetings, reviewed the IEP plan, been in communication with the IEP team leaders, and his teachers, is the child mainstreamed, what sort of challenges are addressed in his IEP? Is medication involved, and has it been revisited and adjusted as the child has grown and matured physically? Example: an ADHD child - mine is ADHD almost off the scale! - needs to be weighed and have meds adjusted as needed, or at least levels checked, every few months. Are you monitoring his homework completion to see that he's turning in work on time, studying for quizes and tests, etc? Many high Schools now have online access to daily assignment status, test and quiz grades, tardies and absences.

None of this is relevant.

OP has already tried to get the courts to stop support. His request has been denied. The courts aren't interested in whatever "proof" he has from the schools, or what it actually proves.

 

[Ohiogal]

OR due to educational neglect. We know not which. But LOTS of very challenged kids do finish school on time, and we don't know what the nature of this child's challenges may be. "Learning disability" covers a broad spectrum and may or may not be a reason to fail so utterly.


Dad, have you been involved in any of the IEP meetings, reviewed the IEP plan, been in communication with the IEP team leaders, and his teachers, is the child mainstreamed, what sort of challenges are addressed in his IEP? Is medication involved, and has it been revisited and adjusted as the child has grown and matured physically? Example: an ADHD child - mine is ADHD almost off the scale! - needs to be weighed and have meds adjusted as needed, or at least levels checked, every few months. Are you monitoring his homework completion to see that he's turning in work on time, studying for quizes and tests, etc? Many high Schools now have online access to daily assignment status, test and quiz grades, tardies and absences.

If it was educational neglect, it was educational neglect by mom AND OP. OP could have done things when his child dropped out of school or what have you but apparently he didn't go for custody or anything else. He just turned to finger pointing.

 

[mistoffolees]

None of this is relevant.

OP has already tried to get the courts to stop support. His request has been denied. The courts aren't interested in whatever "proof" he has from the schools, or what it actually proves.

Maybe. It's not clear that there has even been a hearing. OP says that the judge isn't interested in seeing what he has. It could be that he has not formally requested a hearing where he can present the facts of the case.

Either way, OP needs an attorney since he clearly isn't getting anywhere on his own.