How do I terminate child support in South Carolina?

[Rescue Ranger]

My child lives in South Carolina with my ex and turned 18 last year (2016), but is still in high school. My understanding is that I have to pay until the child graduates high school. The child will be graduating on 6/2/17. Back in 1999, my ex signed a Release of Child Support Obligation and it was ordered by a judge. We both agreed verbally to continue support and I paid my ex directly, every month the amount that we agreed upon. Since my child is graduating in June (2017), do I need to do anything other than just stop paying? Since the judge already signed the Motion To Dismiss, I should be able to just stop it on my own, correct?

 

[Zigner]

My child lives in South Carolina with my ex and turned 18 last year (2016), but is still in high school. My understanding is that I have to pay until the child graduates high school. The child will be graduating on 6/2/17. Back in 1999, my ex signed a Release of Child Support Obligation and it was ordered by a judge. We both agreed verbally to continue support and I paid my ex directly, every month the amount that we agreed upon. Since my child is graduating in June (2017), do I need to do anything other than just stop paying? Since the judge already signed the Motion To Dismiss, I should be able to just stop it on my own, correct?

If you don't have a court order requiring you to pay support, you don't have to pay anything. Thus, you could stop paying at any time without repercussions. I'm basing this only on what you posted, so please don't be upset if you didn't tell the whole story...

 

[Rescue Ranger]

Understood.

I just want to be on the right side of the law. We went back to court due to custody between her and my parents. She gave them custody for whatever reason. I sided with her and she regained custody. The judge wrote a one-sentence remark that read, "Father will continue deposit $X into a savings account for the child." Is this a new order? If so, how could this override the other order signed by the judge in 1999? If this is an order, what do I need to do once he graduates in June?

 

[wavehopper27]

Understood.

I just want to be on the right side of the law. We went back to court due to custody between her and my parents. She gave them custody for whatever reason. I sided with her and she regained custody. The judge wrote a one-sentence remark that read, "Father will continue deposit $X into a savings account for the child." Is this a new order? If so, how could this override the other order signed by the judge in 1999? If this is an order, what do I need to do once he graduates in June?

This is an order and will remain in effect until another order terminating it is entered. If you want to stop paying, you must petition the court.

 

[not2cleverRed]

Understood.

I just want to be on the right side of the law. We went back to court due to custody between her and my parents. She gave them custody for whatever reason. I sided with her and she regained custody. The judge wrote a one-sentence remark that read, "Father will continue deposit $X into a savings account for the child." Is this a new order? If so, how could this override the other order signed by the judge in 1999? If this is an order, what do I need to do once he graduates in June?

Dates. What are the dates. When was this one-sentence remark issued?

What did the 1999 order state?

 

[Rescue Ranger]

We were divorced in August of 99 and a child support order was in that decree. I paid for two months and then my ex dropped the requirement, mostly due to the state not getting the money to her in a timely fashion. So she and I went to the courthouse and she signed a release.

The date of the Motion To Dismiss was clocked by the court on 25 Oct 1999 and reads as follows:

"The undersigned Represents and states that it is his/her wish to dismiss the Respondent's support obligation and forgive all arrearage. It is respectfully requested that the Court enter its Order terminating and ending its action. ORDER The above request having been given consideration, IT IS THEREFORE ORDERED that the within action be terminated and ended without prejudice to any of the parties herein. AND IT IS SO ORDERED"

We both agreed on an amount and I paid that religiously every month since then. She gave my parents temporary custody in 2002 and then they sued to retain full custody. There was a lengthy battle for custody, but in the end, she regained custody in November of 2002.

On the newest order, which is dated 22 Nov 2002, it referenced the original divorce decree from August 1999 (not mentioning the Motion To Dismiss order from October 1999), citing that I was ordered to pay child support and that I would continue to pay her child support. The actual wording is:

"The Father will continue to pay child support of $X per month as he has with the [parents (names removed)] and will pay this directly to the mother."

While my parents had custody, I sent them the child support. All of this was told to the judge. So the judge added that blurb in the 2002 order. So, do I have to petition the court to stop this action or do I just stop paying since I am not going through the state? Can a judge just override another judge if an order is already in place? What if the judge did not know about the Motion To Dismiss?

 

[stealth2]

While my parents had custody, I sent them the child support. All of this was told to the judge. So the judge added that blurb in the 2002 order. So, do I have to petition the court to stop this action or do I just stop paying since I am not going through the state? Can a judge just override another judge if an order is already in place? What if the judge did not know about the Motion To Dismiss?

Why was the portion about the Order to Dismiss not brought to the judge's attention while in court? And yes, of course, one judge can override another judge's order if s/he finds it appropriate to do so.

 

[Rescue Ranger]

No idea. It wasn't the issue as to why we were in court. Either way, it is my understanding that due to my child support order not going through the state, i.e., the state not garnishing my wages, that I just stop paying in June once he graduates. I have read elsewhere that if I was paying through the state that I would have to petition the court to stop that garnishment, but since I don't have my wages garnished, then I should be good to just stop, right?

 

[stealth2]

No idea. It wasn't the issue as to why we were in court. Either way, it is my understanding that due to my child support order not going through the state, i.e., the state not garnishing my wages, that I just stop paying in June once he graduates. I have read elsewhere that if I was paying through the state that I would have to petition the court to stop that garnishment, but since I don't have my wages garnished, then I should be good to just stop, right?

Just because it's not being garnished does not mean you can simply stop paying. It depends on what your order says, and if it is silent on that topic, what your state statutes say.

 

[Zigner]

If you're simply depositing money in to a savings account, I'm not even sure if that "counts" as child support. What an odd thing for the judge to put in the order...

 

[not2cleverRed]

No idea. It wasn't the issue as to why we were in court. Either way, it is my understanding that due to my child support order not going through the state, i.e., the state not garnishing my wages, that I just stop paying in June once he graduates. I have read elsewhere that if I was paying through the state that I would have to petition the court to stop that garnishment, but since I don't have my wages garnished, then I should be good to just stop, right?

Because there's no end date in the order, as stated by you, I would suggest that you play it safe, and when he graduates petition for a CS modification.

 

[Rescue Ranger]

Even the original divorce decree did not have an end-date. South Carolina law states that child support ends when the child turns 18, or if they are still in high school, until they graduate. I was just trying to see if I needed to petition the court or just stop. I have an appointment with a lawyer in SC today. It's a telephone consult, so I don't know what I'll find out, but I'll let everyone know what they say.

 

[Rescue Ranger]

Spoke to a lawyer in SC and she stated that I do not have to petition the court unless I am making payments through the court (garnishment). She said that since the court order states that I make the payments directly to my ex, then all I have to do is just stop making the payments when my Son graduates. I would have to petition the court to stop the garnishment if they were taking it out of my pay.

SC law states that Child Support terminates when the child reaches 18 or graduates high school, whichever is later. She said that is why there is no end-date in the order. The only time there would be an end-date is when the order goes beyond age 18 or graduation, as in there is an order to pay support during college or the child has a disability or other reason to continue support.

Thank you to everyone for helping me out.

 

[aydenrob676]

My child lives in South Carolina with my ex and turned 18 last year (2016), but is still in high school. My understanding is that I have to pay until the child graduates high school. The child will be graduating on 6/2/17. Back in 1999, my ex signed a Release of Child Support Obligation and it was ordered by a judge. We both agreed verbally to continue support and I paid my ex directly, every month the amount that we agreed upon. Since my child is graduating in June (2017), do I need to do anything other than just stop paying? Since the judge already signed the Motion To Dismiss, I should be able to just stop it on my own, correct?

Most people think that the obligation to pay automatically ends when the child turns eighteen, and while that may be the case, it is not always the case. Without an agreement that says otherwise, the supporting parent's responsibility to provide child support to the child ends when that child is “emancipated” – when he/she is legally deemed self-sufficient. South Carolina Code Section 63-3-530(A)(17) clearly states that child support terminated when a child turns 18 or graduates from high school and that no arrear age may accrue between the date the child support should end and the date of the Court Order ending it.

 

[Zigner]

South Carolina Code Section 63-3-530(A)(17) clearly states that child support terminated when a child turns 18 or graduates from high school...

No, it doesn't. However, for this OP, the bottom line is the same result.