Does Child Support amount decrease when 1 of 2 children ages out (turns 18)

[WiggyFife]

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

One of my children will be turning 18 years old. After that happens, is my remaining child support amount automatically recalculated by the State, to take into account that now there will only be 1 remaining minor child on my support order? If not automatically done, what is the process to initiate the adjustment? Thanks in advance.

 

[justalayman]

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

One of my children will be turning 18 years old. After that happens, is my remaining child support amount automatically recalculated by the State, to take into account that now there will only be 1 remaining minor child on my support order? If not automatically done, what is the process to initiate the adjustment? Thanks in advance.

Unless the order in place says it decrease upon the child aging out it doesn't decrease. It must be calculated using current incomes and shared time.

To initiate a modification you have to file for a modification with the court in charge of
The child support.


A friend of mine had three children. When the oldest one aged out he spoke with his attorney about modifying the Order. Atty said leave it alone. Given his increases in income over the years and the rest of
The facts at hand his support payments would actually increase with just the two remaining children. Be careful what you ask for.

 

[WiggyFife]

Unless the order in place says it decrease upon the child aging out it doesn't decrease. It must be calculated using current incomes and shared time.

To initiate a modification you have to file for a modification with the court in charge of
The child support.


A friend of mine had three children. When the oldest one aged out he spoke with his attorney about modifying the Order. Atty said leave it alone. Given his increases in income over the years and the rest of
The facts at hand his support payments would actually increase with just the two remaining children. Be careful what you ask for.

hmm... not what I wanted to hear, but I guess it makes sense. Any other insights appreciated nonetheless. Thanks.

 

[adjusterjack]

Not much else anybody can tell you.

If the court order is silent on automatic adjustments you will have to go to court and file for a modification based on change of circumstances. Do this in advance of your child's 18th birthday.

That one child turns 18 isn't the only thing at issue.

You will have to read your existing order to see if you have any obligation while the child is in college or still in high school.

Also, as already noted, if your income has increased considerably in the past few years and your ex never filed for modification, you may be hit with a counter claim that could limit the adjustment.

Tread carefully.

There are child support calculators online that you can use to figure out the differences based on the variety of factors before you decide what to do.

http://www.azcourts.gov/familylaw

 

[WiggyFife]

Not much else anybody can tell you.

If the court order is silent on automatic adjustments you will have to go to court and file for a modification based on change of circumstances. Do this in advance of your child's 18th birthday.

That one child turns 18 isn't the only thing at issue.

You will have to read your existing order to see if you have any obligation while the child is in college or still in high school.

Also, as already noted, if your income has increased considerably in the past few years and your ex never filed for modification, you may be hit with a counter claim that could limit the adjustment.

Tread carefully.

There are child support calculators online that you can use to figure out the differences based on the variety of factors before you decide what to do.

http://www.azcourts.gov/familylaw

I have just checked my decree, and nothing is specifically stated about college related expenses. It is also silent on decreased payments upon aging out. It's probably best to not stir the hornets nest.

Thanks.

 

[adjusterjack]

It's probably best to not stir the hornets nest.

Likely a good philosophy about everything one does in life.

However, it depends on how much you are paying now and how much the potential difference might be.

Try using the calculator to see if it's worthwhile to stir the hornet's nest, poke the bear, wake up the sleeping dog, feed the gremlin after midnight (or get him wet), go into the basement of a haunted house at night, etc.