18 year old, child support

[woodchuck]

Hello, My son will turn 18 in July 2001 and his mother is trying to get me to continue paying support on the grounds that he is disabled. He doesn’t live with her (he lives with his uncle), goes to a University, and travels alone by bus all over town. She says he has Autism, however I haven't seen it affect him except that he has a little trouble in English and History. He has some difficulty in social settings. My questions are; 1. Do I have to prove he is capable of self-support in order to stop paying? 2. In order for her to succeed in labeling him mentally disabled, doesn’t he have to be declared so by the court? 3. What are the requirements to do so? 4. What motion format would I use if I wanted to beat het to the punch?
I know this is a lot of dialog but I'm having trouble finding a strait answer. Thank you for your time. I am in Arkansas. Woodchuck

 

[Ambr]

age of majority for termination of support:

18 or when child graduates from high school; support may be ordered past age of 18 in case of special circumstances such as physical or mental disability.

(1) yes, if he has been labled thru the courts as mentally disabled.

(2) a diagnosis by the doctor submitted to the courts. a legal guardian would then be appointed.

(3) varied by state.

(4) bet her to the punch? this isn't a game, it's your child's life. in one sentence you state that he doesn't qualify for mental disability and that you see no affects where it limits him, then in the next you want to beat her to the punch and file yourself.

the answer to your question, if the support order stated the regular limits, age of 18 or until graduated from high school. then your support would end at that time. she would need to petition for a modification of the support order requesting that it be extended due to special circumstances and you would have you chance their to discredit her attempts.

 

[woodchuck]

Clarification

I appologize. What I ment by "beating her to the punch" is should I file to the court to have child support decreased now that he will be 18.. or just stop when he does?

 

[Ambr]

i apologize, i may have took that too strongly. was having a bad day yesterday.

according to the statues you can cease the support when he reaches the age of 18.

even if she manages to get special circumstances applied and your support continued, i would request that the payments were not made to her but to the uncle since he is the one that the child is living with.

 

[woodchuck]

18

Thanks Ambr, I'll do that. Bye the way.. would you know the statute?

 

[Ambr]

here is the link for the Federal Child Support Guidelines. they have a break down by state.

http://www.acf.dhhs.gov/programs/cse/fct/sp96_ar.htm

and here is the link for the Arkansas

http://www.arkleg.state.ar.us/newsdcode/lpext.dll?f=templates&fn=main-hit-h.htm&2.0

<b> this is what was available on line, you need to double check with the contact names from the first link (listed at the bottom) and make sure that it is the latest and greatest and still applies. </b>


9-14-237. Expiration of child support obligation.

(a)(1) An obligor's duty to pay child support for a child shall automatically terminate by operation of law when the child reaches eighteen (18) years of age or should have graduated from high school, whichever is later, or when the child is emancipated by a court of competent jurisdiction, marries, or dies, unless the court order for child support specifically extends child support after such circumstances.

(2) Provided, however, that any unpaid child support obligations owed under a judgment or in arrearage pursuant to a child support order shall be satisfied pursuant to § 9-14-235.

(b)(1) If the obligor has additional child support obligations after the duty to pay support for a child terminates, then either the obligor, custodial parent, physical custodian, or the Office of Child Support Enforcement may, within thirty (30) days subsequent to the expiration of the ten-day period allowed for the notification, as provided in subdivision (b)(5) of this section, file a motion with a court of competent jurisdiction requesting that the court determine the amount of the child support obligation for the remaining children.

(2) The remaining obligations, subsequent to the expiration of the thirty-day period contained in subdivision (b)(1) of this section, shall be adjusted by operation of law to an amount to be determined by using the most recent version of the family support chart pursuant to § 9-12-312(a)(2) for any remaining children for whom an obligation for child support exists.

(3) If the most recent child support order either was entered prior to the adoption of the family support chart by the Arkansas Supreme Court or the support amount, as indicated by the order, deviated from the family support chart, then the issue of the amount of the obligor's child support obligation shall be decided by a court of competent jurisdiction.

(4)(A) In the event a review is requested, the court shall apply the family support chart for the remaining number of children from the date of the termination of the duty, subject to any changed circumstances, which shall be noted in writing by the court.

(B) Deviation from the family support chart shall be noted in the court order or on the record, as appropriate.

(5)(A) The obligor shall provide written notification of the termination of the duty of support to the custodial parent, physical custodian, the clerk of the court responsible for receipt of the child support payments, the obligor's employer, if income withholding is in effect, and the Office of Child Support Enforcement, if applicable, within ten (10) days of the termination of the duty of support.

(B) The obligor shall enclose with the written notification of termination a copy of the most recent child support order.

(C) The notification shall state the name and age of each child for whom the obligation to pay child support has ceased and the name and age of children set out in prior terminations of child support made pursuant to this subsection.

(c) No statute of limitations shall apply to an action brought for the collection of a child support obligation of arrearage against any party who leaves or remains outside the State of Arkansas with the purpose to avoid the payment of child support.