College aged child

[Mini E]

Hi, I am from Iowa. My husband has a child from a previous marriage. She is now 18 and going to college, she will be 19 in Nov. She had moved out of her mothers house before graduating high school to live with a boyfriend. She is now back home. She and her father agreed that the child support payments would be put into a account here (she lives in Indiana) and we would send one weeks worth to her personally per month. Now that she is living back home, her mother wrote us a letter threatening that she would take us back to court and get the divorce decree modified again to get more money. She has done this so many times I forgot to count. Can her mother revise the divorce decree again? The child is going to 19, isn't that considered an adult. The decree states that when she graduates from high school that the payments would go directly to her and not her mother. They both signed this modification (of many) in 1992. What rites to I and my two very young children have?

 

[shanney27]

How did he get stuck paying CS after High School anyhow? If I were you, I would have your husband file for a termination of CS, because you have 2 young children to feed and clothe and this young woman is an adult now. I really don't know Iowa law, but CS typically stops at 19 or when they graduate HS whatever comes first. Have you hubby talk to attorney (many offer free consults) to see if what I sugested is an option in your state. Good Luck!

Shanney

 

[Mini E]

Back in 1992, my husband and his ex agreed (only because he wanted to get her off his back) that when his daughter graduated from high school that the CS payments would be made out to his daughter and not to his ex while daughter was attending college. His ex is SOOOOOOOOOOOOOO nasty (mild language), here in Iowa you are able to modifiy payments every two years through DHS and boy did she, like clock work. She even told me when I was pregnant with out first child, that I was to have an abortion because her daughter was to be his only child. I want to know if she really can try to go to an attorney and get their divorce decree amended again, after 18 years. Being his daughter is an adult (acting like a small child) and going to college (only to get the 133 dollars a week) , Yes, there is no missprint, for the money. It is driving me to the edge and I do not want to divorce my husband. I really do love him, I married him not his ex.

 

[shanney27]

The fact is she can probably file any motion she pleases(doesn't mean she will get it). You guys should beat her to the punch and file to terminate it. If she does file...your husband files a counter motion(to terminate). Also in CA you can receive a hardship deduction for your 2 children. We just had to modify support with DH XW and we were able to get that deduction. I would HIGHLY suggest he speaks with an attorney. You guys DO NOT have to put up with her threats and attempts to bully you. Get a free consult and get advice.Then file pro per if you have to. Many counties have family law help centers as well. Do some research there. Good Luck and keep me posted!

Shanney