How Long?

[Kaygee747]

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

Does anyone know if I can finally stop paying child support when my daughter is 18 and graduates high school in June of 2015? I hear conflicting reports, although the latest reports are in my favor, that I will not have to anymore.

You see, I was unemployed about 10 years ago, when my daughter's mother up and left me and took me to child support court. I completely, 100% agree, that I should pay something. I was getting nothing at the time.....maybe $800 a month from disability, so they took $250.

I finally got a job and was taken back to court. I did not complain, I understood why. A growing child needs things. But they were OUT OF CONTROL with the amount they smacked me with! $650 a month!
Why?
Because my daughter was going to catholic school at the time and also needed daycare to watch her during the summer.

I went back to have it reduced, but instead, the court INCREASED IT to $750 a month!

Needless to say, I didn't go back after that.

Things have changed now****************************...

My daughter moved out of the city and no longer goes to public school, nor does she need someone to watch her during the day. Also, the kid doesn't have new clothes anytime I see her, and I have to pay for her to have a cell phone.

I thought about taking her back to court, since the price was so high because, as per the judge, "catholic school and daycare are expensive".

But she doesn't go to neither of them anymore.

However, I make more money than I did when were at court last, so I am not sure if taking her back would be worse for me. The courts always seem to favor the mother, in custody (which I fought for and lost) and in child support matters.

I will help my daughter thru college, but it will be between me and her, not her mother and me......because my daughter isn't getting that money! And yes, I know, it pays for bills and yada, yada, yada.....but the woman and her boyfriend have a new baby and both got themselves new cars.....they are living it up on my money!

So, I am interested in others OPINIONS as far as if you think taking her back to court will benefit me.

I am interested in FACTS as far as when I can discontinue child support.



Thank you!

 

[justalayman]

what does your current support order say about the issue?

 

[Kaygee747]

what does your current support order say about the issue?

It has absolutely nothing on there about how long I have to pay it. It just has the amount per month that I have to pay.

 

[sandyclaus]

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

Does anyone know if I can finally stop paying child support when my daughter is 18 and graduates high school in June of 2015? I hear conflicting reports, although the latest reports are in my favor, that I will not have to anymore.

You see, I was unemployed about 10 years ago, when my daughter's mother up and left me and took me to child support court. I completely, 100% agree, that I should pay something. I was getting nothing at the time.....maybe $800 a month from disability, so they took $250.

I finally got a job and was taken back to court. I did not complain, I understood why. A growing child needs things. But they were OUT OF CONTROL with the amount they smacked me with! $650 a month!
Why?
Because my daughter was going to catholic school at the time and also needed daycare to watch her during the summer.

I went back to have it reduced, but instead, the court INCREASED IT to $750 a month!

Needless to say, I didn't go back after that.

Things have changed now****************************...

My daughter moved out of the city and no longer goes to public school, nor does she need someone to watch her during the day. Also, the kid doesn't have new clothes anytime I see her, and I have to pay for her to have a cell phone.

I thought about taking her back to court, since the price was so high because, as per the judge, "catholic school and daycare are expensive".

But she doesn't go to neither of them anymore.

However, I make more money than I did when were at court last, so I am not sure if taking her back would be worse for me. The courts always seem to favor the mother, in custody (which I fought for and lost) and in child support matters.

I will help my daughter thru college, but it will be between me and her, not her mother and me......because my daughter isn't getting that money! And yes, I know, it pays for bills and yada, yada, yada.....but the woman and her boyfriend have a new baby and both got themselves new cars.....they are living it up on my money!

So, I am interested in others OPINIONS as far as if you think taking her back to court will benefit me.

I am interested in FACTS as far as when I can discontinue child support.



Thank you!

Termination of child support for Pennsylvania usually occurs when the child reaches 18 years of age and is no longer in high school or emancipated per Title 23 PA.C.S. §4321(2).

Note that if there are any arrears at the time the child is emancipated, those amounts will still be due and payable to mom even after the child is emancipated until paid in full.

 

[Kaygee747]

Termination of child support for Pennsylvania usually occurs when the child reaches 18 years of age and is no longer in high school or emancipated per Title 23 PA.C.S. §4321(2).

Note that if there are any arrears at the time the child is emancipated, those amounts will still be due and payable to mom even after the child is emancipated until paid in full.

Thank you for the reply.
May I ask why you use the phrase "termination of child support for Pennsylvania USUALLY occurs when child reaches 18?"

 

[OHRoadwarrior]

Sometimes a court will require support to continue if the child is disabled or in college.

 

[Kaygee747]

Sometimes a court will require support to continue if the child is disabled or in college.

That's what I am afraid of. Guess I'll be paying for another decade.

Thanks!

 

[sandyclaus]

Sometimes a court will require support to continue if the child is disabled or in college.

Actually... in PA, unless there is a contractual obligation to support a child during their college years, PA child support does not allow for support after the child turns 18 and/or graduates high school. They don't otherwise recognize child support for college tuition as something that can be included in a child support order.

 

[Kaygee747]

Actually... in PA, unless there is a contractual obligation to support a child during their college years, PA child support does not allow for support after the child turns 18 and/or graduates high school. They don't otherwise recognize child support for college tuition as something that can be included in a child support order.

I like that answer better than the other one, but which one is correct? lol

 

[OHRoadwarrior]

This is where things can get tricky as case law evolves. The last legal reference I found upholding the PA Supreme Court ruling Curtis v. Kline, 666 A.2d 265, 1995, was in 7/2012, indicating it was still the standard in Pa to not award college expenses unless both parents agreed. Based on that, I would say you have nothing to worry about in that respect.

 

[Kaygee747]

Thank you very much, everyone!

 

[CSO286]

https://extranet.acf.hhs.gov/irg/profile.html?selection=STA&stateGeoBox=42

D1. What is the age of majority in your state?

18 years of age and no longer in high school or emancipated.



D2. What is the statutory citation for the age of majority?

Title 23 Pa.C.S. §4321(2), §4323 (a) and Pa. R.C.P. 1910.19 (c) (1) - (4).
For Additional Information - No Link Provided



D3. If not addressed in the order, at what age is child support automatically terminated as a matter of state law? Qualify, if necessary.

The order does not automatically terminate. An emancipation inquiry is sent out within one year of the child's 18th birthday. The DRS issues a notice to the obligee, with a copy to the obligor, seeking whether the child is emancipated, or has reached the age of 18 or graduated from high school whichever occurs later, or whether any special need of a child exists, which may be a basis for continuing support beyond the child's 18th birthday or graduation from high school whichever occurs later. If no objection is made or if the obligee fails to respond with a reason to continue the order, the court then has the authority to terminate or modify the order, depending on whether or not other children are covered under that order



D4. Does the date of the order determine the law that is applied?

No



D4.1. If yes, please explain.

D5. Does child support end if the child leaves the household, but does not emancipate?

No


D5.1. Optional comments regarding emancipation.


D6. Does your state allow support to be paid beyond the age of majority under any circumstances (for example, the child is handicapped or in college)?

Yes

D6.1. If yes, please explain.

Support beyond age of majority may be ordered for a child who has a physical or mental condition which exists as of the time a child reaches majority and prevents the child from being self-supported or emancipated, or support for a child who has reached the age of 18, but has not yet graduated from high school. Pennsylvania no longer recognizes a statutory cause of action for post-secondary educational support. 23 Pa.C.S. §4327(a), was ruled unconstitutional in 1995 by the Supreme Court of Pennsylvania in the Curtis vs. Kline case. However, contractually based agreements for post-secondary educational support contained in marital separation agreements are enforceable.



D7. Does your state automatically reduce current support owed for remaining children after one of the children in an order reaches the age of majority or otherwise emancipates?

No


D7.1. If yes, please describe the procedure.

 

[Kaygee747]

Thank you, CSO286.

So if I am reading this right (D3), which I am not sure if I am....one year before she is 18 they are going to send something out and if no one disagrees, the child support will end when my daughter graduates and 18 years old? I know I have to file, but this makes it sound like her mother can fight to try to extend it.

 

[ecmst12]

I would suggest you find a PA state child support calculator and plug the numbers into it to see if you are actually paying the right amount or not.

 

[Kaygee747]

I would suggest you find a PA state child support calculator and plug the numbers into it to see if you are actually paying the right amount or not.

I wish I could use one of them. Unfortunately, I need her income numbers in order to do it and I don't. And I will never be able to get them from her.