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Unenforceabilty of CS side agreements. Statute?

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CJane

Senior Member
If one child is joining the Military and becoming emancipated, and the other is moving in with you upon high school graduation.... why are you even thinking about $$ for travel - there won't BE a visitation order once both kids reach the age of majority/become emancipated. You might still pay child support, but the visitation order is out the window.
 


LdiJ

Senior Member
If one child is joining the Military and becoming emancipated, and the other is moving in with you upon high school graduation.... why are you even thinking about $$ for travel - there won't BE a visitation order once both kids reach the age of majority/become emancipated. You might still pay child support, but the visitation order is out the window.
One is graduating this year, and one is graduating next year. He wants to reduce child support after the first one emancipates.
 

CJane

Senior Member
One is graduating this year, and one is graduating next year. He wants to reduce child support after the first one emancipates.
No. He wants to modify the support agreement (we don't know if it's an order) to remove his obligation to pay for travel for the YOUNGEST to visit Mom AFTER s/he moves in with him. At which point there should BE no visitation obligations enforceable by the courts. Right?

The modification I hope we can negotiate would reflect support based on the new living arrangements and terminate my obligation to pay for my youngest to fly down to visit mom. She can still visit mom anytime she wants, but mom can pay for the flight since she created the original distance to begin with.
 

LdiJ

Senior Member
No. He wants to modify the support agreement (we don't know if it's an order) to remove his obligation to pay for travel for the YOUNGEST to visit Mom AFTER s/he moves in with him. At which point there should BE no visitation obligations enforceable by the courts. Right?
Yes, but that wasn't what I thought that he wanted. I thought he wanted to do it now. There are several things in this thread that are unclear. I wish to heck he would answer the specific questions.
 

CJane

Senior Member
Yes, but that wasn't what I thought that he wanted. I thought he wanted to do it now. There are several things in this thread that are unclear. I wish to heck he would answer the specific questions.
I think you probably shouldn't hold your breath for that one. ;)
 
Everything I spoke of is court approved.

Side agreement was perhaps the wrong word. The CS amount I pay is an amount her and I came to on our own and got the court's approval. It is a deviation from what she could get if guidelines were applied.

My children are currently 19 and 16. The 19 year old graduates and enters the navy this summer. My youngest will turn 18 days before her graduation next year. I am aware that the visitation order is already invalid for my oldest and will be once my youngest turns 18. I also know that her potential move is 1 1/2 years away but I was initially hoping that mom and I could work this out on our own and just have a judge sign off on it which is why I wanted to start the ball rolling now. Wither her living 700 miles away I wanted to make sure we had plenty of time to try to work this out and just have a judge sign off on it.

Her and I don't always see eye to eye. Even though my youngest will be 18, I can see mom trying to force me to buy our daughter a plane ticket whenever she want to go visit since I have a court order that states I will pay for all airfare related to visits.

I think I covered all the specific questions. If I missed any or there are more, I'll gladly answer.
 
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