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when does support get to stop

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W

wiseowl

Guest
What is the name of your state? - Illinois
I have 2 kids - ages 16 and almost 18. I hold sole and complete custody, but my son, who will be 18 in mid-Sept. is now living with his dad, via an informal agreement btwn me and my ex. Support checks still come out of dad's pay, thru work (not the courts) and when I get them I deposit them and write him a check, because since we each have 1 kid we each support that kid on our own. However, I always thought that I'd have at least 1 full year of support solely for my daughter, after my son graduates high school. He, however, keeps flunking and he may not graduate until he's 21. Here's my question - can I stop refunding the support checks to my ex when my son finishes his 4th year in high school (even if he's not graduated yet)? My ex has never taken this arangement to court to make the legal switch, because he is in contempt for never telling me how much he makes. I have never felt this was a big enough problem to spend time/energy/money on. I don't have a lawyer to ask, cuz I never really had one. I wrote my own divorce decree, copying legalese from friends' decrees, and had a friend of a friend, who part-time did real estate closings, "represent" me in the divorce, but he moved out-of-state. The divorce was quick and unconstested (because it was a fair settlement, and because my ex's girlfriend was pregnant and they needed to get married in a hurry). But I really do feel I should get to keep support for at least my daughter's last year in HS so I can put it in her college fund. Cuz even tho it states in the divorce decree that he has to help pay for her college as much as he is able, he has already told me he won't cuz "you can't squeeze water from a stone", and while he makes around $40,000+, he has 4 new very young children to support and he spends a lot of money on them. I need to know as much as I can in the next year, before I spend money on a real attorney to solve this - Anyhow, thank you for any help/information.
 
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BL

Senior Member
via an informal agreement btwn me and my ex. Support checks still come out of dad's pay, thru work (not the courts) and when I get them I deposit them and write him a check, because since we each have 1 kid we each support that kid on our own.

Read your post from the view of a new set of eyes .

What you have " both" done is against court orders . Do you really think he will be found in contempt when or If he ever has to tell the court the " informal deal " ?

And guess what, Dad can prove his child support has been paid. So what you want to give it back .

You want this solved, take it back into court for a modification by an order and a Judges signature and stick to it if you see fit to .
 

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