• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

still paying after age 19

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

A

airbird

Guest
I have one son that turned 19 and I am not required to pay after that according to the decree, but it also was written over 16 years ago and turns out that there is nothing in it to reduce the amount to only one child.( My other daughter). My problem is I have a third child from a different marriage that could really use the money- but I need a real court case number to bring up in court to convince them to lower the payments. As it stands now my one child is 19 but I still have to make support payments as if there were still two kids!! There must be a case somewhere that used this type of situation to convince the courts to amend the decree somewhere. I need help! In Minnesota 1 child is 25% 2 kids is 30% COLA 7% every 2 years compounds up to nearly 80%
over the life of the decree. Yikes my support has nearly doubled since 1985. Up to $1000 a month now. It's killing me. And there is no money left for the youngest child that needs it the most. Typical ex that never spent a dime on the kids over the years but kept it all for herself. Shear greed attack for sure. It is pitiful. 2nd ex was incredible, warm and would do anything for the children. Don't tell me it's all in my head- I can see the difference between them for myself.
Warm or bitter. Some women are different
 


LegalBeagle

Senior Member
airbird said:
I have one son that turned 19 and I am not required to pay after that according to the decree, but it also was written over 16 years ago and turns out that there is nothing in it to reduce the amount to only one child.( My other daughter). My problem is I have a third child from a different marriage that could really use the money- but I need a real court case number to bring up in court to convince them to lower the payments. As it stands now my one child is 19 but I still have to make support payments as if there were still two kids!! There must be a case somewhere that used this type of situation to convince the courts to amend the decree somewhere. I need help! In Minnesota 1 child is 25% 2 kids is 30% COLA 7% every 2 years compounds up to nearly 80%
over the life of the decree. Yikes my support has nearly doubled since 1985. Up to $1000 a month now. It's killing me. And there is no money left for the youngest child that needs it the most. Typical ex that never spent a dime on the kids over the years but kept it all for herself. Shear greed attack for sure. It is pitiful. 2nd ex was incredible, warm and would do anything for the children. Don't tell me it's all in my head- I can see the difference between them for myself.
Warm or bitter. Some women are different
You need to go back to court and have the amount recalculated.
 
B

BugHogan

Guest
As LB says, you will need go to court to modify the order. Until then they will continue to take the money. This is true also when the second child is of age. You will need to file to end the order.

If you have 2 children in Minnesota, they are supposed to decrease the order by at least 17% when one is emancipated. It probably should be half, but that's Minnesota for you.

Minnesota always puts the children from the first marriage first. Even if you have two divorces. IMHO children from both divorces deserve to be supported equally but that's not how they see it here. They see it as you shouldn't have had additional children if you couldn't support the first. However, again IMHO:) that type of thinking doesn't take the rights of an innocent child into account.

As far as COLA goes, make sure to carefully read over the next statement you get. It will be two years down the road, it's already too late for this one (went into effect on May 1st). There are many NCP's that are having their COLA increased by too high of a percentage this year. The state is using flawed data to come up with these figures, actual costs in MN did not go up by 8% as they have stated, it was more like 4%. Many NCP's are contesting it this year. The problem is they used regional data rather than statewide data. If it specifically states in your divorce decree that they have to use statistics for the Minnesota or Minneapolis St. Paul region, they can't use the regional data. If it states they can use whatever data is available, you're SOL. The actual CPI for Minneapolis/St. Paul/Minnesota was around 172, the CPI for the region was around 500 or 540. If you have a large child support order you're paying already, this can make a huge difference in the amount of increase.

FYI - You can also contest the COLA if you can prove your income hasn't increased. Something to think about for next time.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top