end of garnishment

[davema456]

What is the name of your state?What is the name of your state? MA

My ex moved with my children out of state last year to Texas. Their ages are 20 and 17. This was not agreed upon. I did fight it but didnt have a lawyer so I lost, since the ex stated it was "temporary" I also lost trying to get custody of the 17 year old.

I paid child support directly to the mother for 5 years.(on time, full amount, every time) After the move,I recieved notice that CSE will begin garnishment of my wages, which they have. My divorce decree states support will continue until the youngest child turns 18 or finishes high school whichever orrurs first. The 20 year old dropped out of school and works fulltime. The 17 year old is still in school but is behind a year. He will be 18 in February.

Will CSE stop garnishment at that time automaticly?

Do I need to go to court to stop the garnishment? If thats the case, will the ex-wife need to come back here to show up in court to stop me from stopping support?


Thanks in advance

 

[BL]

My divorce decree states support will continue until the youngest child turns 18 or finishes high school whichever orrurs first.

Exactly what the above states . You should Petition the Court for Modification , and have it Ordered , IF CSE will not stop collecting at age 18 .

I would NOT take their verbal word for anything , but supply them with a CERTIFIED court copy of the Orders at least 3 months before the child's 18th Birthday .

I think you would have to take any overpayment's to small claims Court , as CSE would probably still issue them to the mother .

 

[justme22]

wording of support order

Are you positive about the wording of your support order? Most say CS continues until the child graduates high school. My child turned 18 in the spring but didn't graduate until June. CS was paid until June.

 

[shaufe]

I agree with above - usually you have to continue paying until the child finished high school, but if not, I don't believe the payments will stop automatically. You should not need to go back to court, but merely provide proof that your child is now 18 and show where the document states support will terminate at that time. However, there is a chance she could fight it and get you to continue until the end of the school year.

Also, this is your child and deserves your financial support through high school in my opinion. I commend you for your past actions in paying everything in full and on time, but it is not the child's fault that the mother moved him/her out of state. If you stop paying before the child can support him/herself, it would seem to me you may be getting back at the mother but in the end, hurting your child.

 

[davema456]

Are you positive about the wording of your support order? Most say CS continues until the child graduates high school. My child turned 18 in the spring but didn't graduate until June. CS was paid until June.

Yes the wording is exactly as I stated. "Support will continue until the youngest child reaches 18 or finishes high school, whichever occurs first"

 

[davema456]

I agree with above - usually you have to continue paying until the child finished high school, but if not, I don't believe the payments will stop automatically. You should not need to go back to court, but merely provide proof that your child is now 18 and show where the document states support will terminate at that time. However, there is a chance she could fight it and get you to continue until the end of the school year.

Also, this is your child and deserves your financial support through high school in my opinion. I commend you for your past actions in paying everything in full and on time, but it is not the child's fault that the mother moved him/her out of state. If you stop paying before the child can support him/herself, it would seem to me you may be getting back at the mother but in the end, hurting your child.

So ..would just copy the decree and show it to CSE?

I agree with your thoughts in the second paragraph, I will still pay support for the younger child as long as he is in school. I just dont want CSE involved any longer since they didnt need to be anyways.

Thanks for the reply

 

[BL]

So ..would just copy the decree and show it to CSE?

I agree with your thoughts in the second paragraph, I will still pay support for the younger child as long as he is in school. I just dont want CSE involved any longer since they didnt need to be anyways.

Thanks for the reply

A CERTIFIED COPY from the agency that has it recorded , presumably the County's Clerk's Office where it was Ordered .