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What is the name of your state? GA

My husbands ex is saying he owes her 18,000 in back child support.

He has a son 18 and daughter 21 from this marriage.

In the divorce papers it states that he pay until 18 or out of secondary school. The only problem (maybe) that we see is that it has the amount he is suppose to pay each week for both kids. It does not state that that be cut in half once the oldest came of age or out of school.

She is trying to collect ALL the money not paid for the 21 year old since she has graduated.

Also, his son moved in with us Nov 2003 and moved out April 2004.
He did not pay child support during this time because he lived with us. The Mother told my husband that they would just forget about child support since he was almost 18, even if he moved back with his mother.

I think this is a SIN for her to do all of this, does she have a leg to stand on??!!

Sorry, but what you THINK doesn't much matter here. It's what the support order SAYS. And the problem hubby has is that he did all this on his own, without benefit of having the order stopped in court.

While it MAY be fine, tell hubby to get his butt down to the court and file a motion to stop support.

As to the youngest living with you, guess what? If the support order was not changed to reflect the change in circumstances, then legally, he owes CS for that time to the mother.

Of course, everything depends on the EXACT wording of the support order and unless you have it in front of you and can type it here word for word, hubby needs to at least call his attorney to see IF and WHAT he needs to do.

Like BB said - as long as there is a court order for support - the NCP needs to be following it. If he didn't, he owes the money.

I will give you some of what the papers say word for word:

In determining support, the court finds as follow:
The gross income of the father is $$$$$$ monthly
the gross income of the mother is $$$$$ monthly.

In this case child support is being determined for two (2) children.

The applicable percentage of gross income to be considered is:

( this part just gives all the percentages, so I will skip that)

The final award for child support which father shall pay the mother for support of the children is $$$$$ per week, beginning on the __ day of ___
and payable therafter on each Sunday until child becomes 18 years of age, dies, marries or otherwise becomes emancipated, except that if child becomes 18 years of age while enrolled in and attending secondary scool o a full-time basis, then such support shall continue until the child completes secondary school, provided that such support shall not berequired after the child attains 20 years of age.



Ok, now that you have what the papers say what do you think??!!
It states that it is being determined for 2 children.
Th oldest is now 21 and youngest is 18 and it will take him at least 2 more school years to graduate because of his grades.

also, a final support amount is usually not divided by the NUMBER of children. The largest percentage of support is figured on the one oldest child, and as each child comes of age, the next kid in line takes over the "oldest child" spot.

So automatically assuming and taking it apon yourself to cut the support in half is not a good idea, without going to court to have the amount officially reworked.