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Adult child moved out

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2Mistakes

Senior Member
If my mind reflects me right , I think 2mistakes is looking for a way out,and he was advised prior to this posting as he indicated.

Unless something has changed , what's the purpose of the posting ?
I think you're confused. A way out? Huh?
 


BL

Senior Member
A way out of what? He's not paying CS, he has custody of the children and his ex is the one supposed to be paying him CS. :cool:
Ok so it wasn't the same poster as before ?

Ok then , still prove adult/child lives elsewher ,like grammy's .

Modify. Simple same concept.
 

2Mistakes

Senior Member
Ok so it wasn't the same poster as before ?

Ok then , still prove adult/child lives elsewher ,like grammy's .

Modify. Simple same concept.
OK, now I'm confused. Shouldn't the onus be on mom to prove that she doesn't owe support for 18 year old anymore? Why would I need to prove anything?

It would seem to me that all I need to file is contempt for her not paying the full amount, and maybe a mod to increase based on her higher income. But if I have to go through all that, I'm filing for an increase based on all 3 kids, and she can argue that she shouldn't have to pay for the 18 year old.

Right?
 

BL

Senior Member
OK, now I'm confused. Shouldn't the onus be on mom to prove that she doesn't owe support for 18 year old anymore? Why would I need to prove anything?

It would seem to me that all I need to file is contempt for her not paying the full amount, and maybe a mod to increase based on her higher income. But if I have to go through all that, I'm filing for an increase based on all 3 kids, and she can argue that she shouldn't have to pay for the 18 year old.

Right?
Go for it , contempt/Modification.Shove it to her. After all the 18 yr. old child doesn't reside with you.
 

TheGeekess

Keeper of the Kraken
OK, now I'm confused. Shouldn't the onus be on mom to prove that she doesn't owe support for 18 year old anymore? Why would I need to prove anything?

It would seem to me that all I need to file is contempt for her not paying the full amount, and maybe a mod to increase based on her higher income. But if I have to go through all that, I'm filing for an increase based on all 3 kids, and she can argue that she shouldn't have to pay for the 18 year old.

Right?
Or you could argue that she owes you until the court order is changed and file to have it changed to drop the 18 yo. That might be the best way to approach it.
 

2Mistakes

Senior Member
Or you could argue that she owes you until the court order is changed and file to have it changed to drop the 18 yo. That might be the best way to approach it.
I agree. She's against that because even dropping the 18 year old, her support will go up because she makes more. Her plan is to ask the judge to order that she and I both pay child support to my parents since K lives with them. That seems rather unlikely to me. What do you think?

And BL, learn to read. I stated previously that I was actually ok with her just continuing to pay $900 a month, even though dropping the 18 year old would still increase it to $1,275. It's not my intention to "shove it to her." But I will NOT accept some arbitrary amount she feels like paying. And I will NOT agree to add third parties (my parents) to the child support order. All my point was, is if I am forced to pay money to file something because she isn't following the order, then why shouldn't I ask for the max? It's her attorney's job to argue for her, not mine.

What I honestly believe is the most fair, legal, and just way to handle this is to drop the 18 year old from the order and recalculate child support for the 2 remaining kids. She doesn't want to do that because she will still be paying more. I bet if her child support would go down as a result, she'd be all for it. :rolleyes:
 

BL

Senior Member
I agree. She's against that because even dropping the 18 year old, her support will go up because she makes more. Her plan is to ask the judge to order that she and I both pay child support to my parents since K lives with them. That seems rather unlikely to me. What do you think?

And BL, learn to read. I stated previously that I was actually ok with her just continuing to pay $900 a month, even though dropping the 18 year old would still increase it to $1,275. It's not my intention to "shove it to her." But I will NOT accept some arbitrary amount she feels like paying. And I will NOT agree to add third parties (my parents) to the child support order. All my point was, is if I am forced to pay money to file something because she isn't following the order, then why shouldn't I ask for the max? It's her attorney's job to argue for her, not mine.

What I honestly believe is the most fair, legal, and just way to handle this is to drop the 18 year old from the order and recalculate child support for the 2 remaining kids. She doesn't want to do that because she will still be paying more. I bet if her child support would go down as a result, she'd be all for it. :rolleyes:
God file a modification Pro Se.
 

nanu156

Member
you file for contempt, there will then be a show cause.... At the SC hearing mom will explain that she lowered support to what she should be paying for only 2 children as one is no longer in your charge. Mom will likely bring documentation to support this. (unless she is a dummy)

They will hear her out on the contempt case, if they find that she is not in contempt (because kid doesn't live there anymore) then they will modify the order on their own, at which point you both will submit income info.

I would use an online calculator, and print off the accurate results, then include them with a sten letter that basically says pay XYZ or we go to court, inform mom that she is opening a can of worms that she may not really care for in writing. Send it certified, wait until the support is 30 days late then file the show cause paperwork.

This will all be a pain because you are going to have to transfer courts to do it in your home state.

This could also go badly if "k" and mom are friendly and mom convinces "K" to move in with her.

You could also just go file the motion for modification yourself. Unless your parents are willing to attach themselves to the case and ask that they be paid support I doubt you will be ordered to pay them a dime.
 

TheGeekess

Keeper of the Kraken
you file for contempt, there will then be a show cause.... At the SC hearing mom will explain that she lowered support to what she should be paying for only 2 children as one is no longer in your charge. Mom will likely bring documentation to support this. (unless she is a dummy)

They will hear her out on the contempt case, if they find that she is not in contempt (because kid doesn't live there anymore) then they will modify the order on their own, at which point you both will submit income info.

I would use an online calculator, and print off the accurate results, then include them with a sten letter that basically says pay XYZ or we go to court, inform mom that she is opening a can of worms that she may not really care for in writing. Send it certified, wait until the support is 30 days late then file the show cause paperwork.

This will all be a pain because you are going to have to transfer courts to do it in your home state.

This could also go badly if "k" and mom are friendly and mom convinces "K" to move in with her.

You could also just go file the motion for modification yourself. Unless your parents are willing to attach themselves to the case and ask that they be paid support I doubt you will be ordered to pay them a dime.
Dude, the CS is ALREADY in his home state. You need to read more and post less. :cool:
 

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