Who files to stop support for an 18 yr old

What is the name of your state? Florida

My oldest child turned 18 a few weeks ago. I recieve child support from her father. I would like to know if I (custodial parent) or the father (non custodial parent) need to file anything to stop child support for her. If he files will I recieve notice that he filed? Thanks.

DianeJanay said:

What is the name of your state? Florida

My oldest child turned 18 a few weeks ago. I recieve child support from her father. I would like to know if I (custodial parent) or the father (non custodial parent) need to file anything to stop child support for her. If he files will I recieve notice that he filed? Thanks.

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The correct answer depends on the circumstances:

IF She IS NOT the ONLY child he pays support for: Then either him or you can file to modify the order. (Or DOR can file if the order is enforced through them, but YOU will have to ask them, because even tho they are supposed to file automatically, they usually don't.)

IF she IS THE ONLY child, AND the DOR IS NOT involved: Either you or him can file a simple paper with the Clerk of Court, Child Support Division stating that child is emancipated and order has been fulfilled. IF DOR is involved, either one of you can file the same paper with the DOR, and the clerk.

Whoever does this needs to wait about 1 month and then follow up to make sure that CS isn't still being assessed.

And you can also read the court order and see if it specifically addresses this issue.

DianeJanay said:

What is the name of your state? Florida

My oldest child turned 18 a few weeks ago. I recieve child support from her father. I would like to know if I (custodial parent) or the father (non custodial parent) need to file anything to stop child support for her. If he files will I recieve notice that he filed? Thanks.

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In many states, once the child reaches legal emancipation, the NCP can pay that last month's cs payment (generally, payable thru the end of the month), and then stop without any further notification thru the courts.

DianeJanay said:

What is the name of your state? Florida

My oldest child turned 18 a few weeks ago. I recieve child support from her father. I would like to know if I (custodial parent) or the father (non custodial parent) need to file anything to stop child support for her. If he files will I recieve notice that he filed? Thanks.

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You didn't get wrong answers from anyone else....however common sense says that the person who wants to stop paying would be the person who needs to file to terminate child support.

Can this be right?

Florida--
Thank you all for the response.
I contacted DOR and asked what needed to be done, because I want no surprizes. I was told that the NCP had requested a modification for reduction because of our oldest child turning 18 and his income was lower and it was denied.
The information I received was as follows:
*Because my papers state "When the children turn 18 child support stops" and since we have 2 other children it doesn't stop until the last one turns 18.
*It would not be lowered even though he makes less money because he has a teaching degree and has a state cert. through the prison system and chooses to work a lower paying job.
Is this correct? Or did I just get a cust. serv. rep that didn't know what she was talking about.

DianeJanay said:

Florida--
Thank you all for the response.
I contacted DOR and asked what needed to be done, because I want no surprizes. I was told that the NCP had requested a modification for reduction because of our oldest child turning 18 and his income was lower and it was denied.
The information I received was as follows:
*Because my papers state "When the children turn 18 child support stops" and since we have 2 other children it doesn't stop until the last one turns 18.
*It would not be lowered even though he makes less money because he has a teaching degree and has a state cert. through the prison system and chooses to work a lower paying job.
Is this correct? Or did I just get a cust. serv. rep that didn't know what she was talking about.

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No, that is not correct. However you spoke to either didn't really know, or the NCP has been royally screwed by DOR (not surprising).

A law passed last year does allow DOR to ESTABLISH CS orders, but DOES NOT give them the power to modify orders.

Florida law is that CS ends at age 18 (or later if child is still in high school with reasonable expectation of graduation before age 19).

If there are more than 1 child- as each child reaches the age of majority, a modification of support is needed. It is the DOR/CSE's RESPONSIBILITY to FILE (with court) for the modification. (This is what 3 different Judges told the DOR represenitive in court in my husband's CS case-9th and 10th circuits)

The NCP needs to file for modification and ignore what DOR said, because they are wrong.

Where does a person file for a modification?

DianeJanay said:

Where does a person file for a modification?

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You can get the forms online at www.flcourts.org.

After they are filled out, the originals can be filed with the court clerk's office in the courthouse. Copies need to be served on other party by personal service, and also mailed to DOR/CSE office.