modifying existing child support order

state: north carolina
question: one of two of the children i am now supporting will reach the age of 18, less than 30 days. to remove one child, what must i do. do i need a lawyer. the actual order states, upon completion of sec. school, 18 which ever come first. dummies said it does matter they have to be 18.

You need to go to courthouse and file a motion to stop child support for one child due to the reason of reaching the age of 18, as per your custody/support contract. Do it now because it could take you more than 30 days to get a court date and until a judge signs the order of 'no support' you must keep paying as scheduled. Filing a motion costs about $50, clerk of court can help you get right forms, make sure all is complete on your form. Just don't even ask for refund if you pay any support beyond 18th birthday....jusge's generally do not like that. Maybe your ex would be nice enough to return any overages. Also...get a lawyer...if you have another child for which you are paying cs. Many find that one child gone results in cs pay only lowered maybe $50 a month...it is never lowered by 1/2 of your payment. There is always some reason how or why the other child can benefit from the extra, blah,blah,blah..... I would think your best bet would be to hire a lawyer to present your case and argue what the new cs obligation should be.

[dakoto70]

if it is the same but my husband lives in Ohio and all he did was contact the Child support worker and she did all the leg work, motion to the judge, stopped the current child support and reduced (not much but some what he is paying) to pay off the arrears. It did take a couple of months for him to get everything straightened around and to get credit for the child support he was paying to the ex when he shouldn't have been paying it to her but to the state, she was on welfare. So they credited him the amount that he payed since May, took it off the arreages and this is were we stand.

Like I said don't know if it works this way for everyone but if you have a case worker I would start there. JMO.

Every state is different...the federal cs laws are the same and a few of the details of enforcement are left up to each state. I do not really know any cs payor that has a cs case worker, I know the child support receivers have case workers.
Based on my past 10 years in custody court I would never ever trust someone else to do the work and just tell me it is o.k. to stop paying****************************I would NEED to see the judge verbally state and physically sign my order. Also the poster said nothing about arrearages...which do affect the issue and I also am in N.C. where the poster hails...believe me things don't vary too much place to place down here in the south. Here even if one had a case worker, I would say do it yourself and be sure.

[dakoto70]

Well here my husband does have a case worker and she is the one that walked us through everything. I said I didn't know if it was the same every were but if you have someone willing to help you than why not take the help and that is what we did. I saw the papers she sent my husband and as long as they are legal papers he does not need to spend the money to go back in front of the judge for him to say the same thing a piece of paper does. If you are on top of your case you know what your worker is doing. His worker was a god send when it came to this. He couldn't get any information from the mother, the case worker had the birth certificate and graduation date. So she was a very big help.