Motion to Terminate..?

[amberlea434]

What is the name of your state (only U.S. law)? TN

Sorry guys, I know this question has probably been asked a bajillion times, but I can't seem to find the answer as it pertains to my MIL's situation...

Child will be 18 soon. Court Order states CS to be paid 18 or until high school graduation. CS is not being paid through CSE, CS check is hand delivered to ex, no 3rd party involved. Would there still be a need to file a motion to terminate?

 

[TheGeekess]

I would file a motion to terminate CS, if for no other reason than to CMA.

 

[amberlea434]

I would file a motion to terminate CS, if for no other reason than to CMA.

Do you think an attorney would be necessary?

 

[TheGeekess]

I don't see why.... If both parties are in agreement, then they should be able to file it without any problem.

http://www.state.tn.us/sos/rules/1240/1240-02/1240-02-01.20090607.pdf

(This has all the TN forms on it; choose the appropriate section "Modification of Support order", copy & paste it.)

 

[Ronin]

Is any part of this order confusing?

If it clearly specifies the conditions that will end support, it is a waste of time and money to file a motion. Such a motion would not be a Modification of a Support Order.

An exception is if there is any ambiguity or confusion in the wording with the OR's or AND's, which could make a difference if the kid is still in high school past their 18th birthday.

 

[LdiJ]

Is any part of this order confusing?

If it clearly specifies the conditions that will end support, it is a waste of time and money to file a motion. Such a motion would not be a Modification of a Support Order.

An exception is if there is any ambiguity or confusion in the wording with the OR's or AND's, which could make a difference if the kid is still in high school past their 18th birthday.

I agree. There is no need to file a motion to terminate child support in this scenario unless there is ambiguity.

 

[amberlea434]

Awesome, thanks guys.

 

[amberlea434]

One more question...

Does this apply to the entire order or just child support? Meaning, when kiddo graduates, the entire order becomes null and void, no need to go back to court to "close" the case?

 

[LdiJ]

One more question...

Does this apply to the entire order or just child support? Meaning, when kiddo graduates, the entire order becomes null and void, no need to go back to court to "close" the case?

Actually, the custody portion becomes null and void when the child turns 18. Its only the child support portion that goes on to graduation from high school.

 

[amberlea434]

Actually, the custody portion becomes null and void when the child turns 18. Its only the child support portion that goes on to graduation from high school.

Thanks for the help!