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VeronicaGia......

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karma1

Senior Member
What is the name of your state? ca
have a question for ya-saw you posting on one of the "other boards" and since you seem to well read on this subject...
I believe I understand that when a child (ren) turns 18 or is finished with school by 19 (or something like that) the NCP has to file to have support stopped, yes?
So, should the NCP file immediately when child turns 18, since courts take soooooo long to get things done-or does the NCP have to wait until graduation?
I have researched and researched and cant come up with a definete answer-
to be more specific-kids will turn 18 in March, graduate in June-so, file in March, or June?
(and I know, my lurker, kids are a few years away from 18 so dont get your panties in a bunch...)
and, if you want to read on...
Ive read where some NCP's have been successful in modifying support when a child is around 17 or so and is working full time-like emancipated, I guess, but not quite....
can that support be modified if the child is proving to be self sufficient and possible not going to school but not quite 18 yet?
(again, lurker, not talking about anyone you know...)
thanks...
hope to see ya in chat some time...
(gosh I have legitamate ?'s tonight, huh? lol)
 


CMSC

Senior Member
good job on the real question!!! see how easy it is to torment using a legal question!:D I am in chat if LW or anyone impersonating her would like to come in.
 

CMSC

Senior Member
hey I posted something I think you will enjoy on the SSSS secret message board! As you can tell from it I am completely bored!:)
 

karma1

Senior Member
all righty then....

and what does this have to do with laws? just bustin ya-{{{HUGS}}}
and stay off my posts, too will ya??? kidding again...
{{{MORE HUGS}}}}
bored too-cleaned all Im gonna clean and taking a break-but I do have a question for ya now...
recording phone calls? ever do that?
just filed a police report for a totally inappropriate phone call we received yesterday-
just kicking around some ideas....
 

kat1963

Senior Member
Here in VA there is a 4 month wait to get into the courts, so we are going to file at 6 months...29 months away! YIPPEEE This allows for bio to not show (which she probably won't, if you click your heels 3 times Dorothy it will just go away!) or file for extra time so she can get a lawyer...go ahead pay for one, but it ain't gonna help your lazy ahaha... Cause you know you'll never see a dime of the over paid support money back. Even if it is heard before the 18th birthday, the judge will probably give an order to stop child support on a certain date. Please note that in some states, support continues until the last day of the month the child turns 18 or 19 or graduates (just an FYI for you). I don't know CA laws, but here if the child isn't attending high school, is working you can file earlier for support to stop. Something we are considering...file to terminate based on emancipation yadda yadda and if that can not be done, request in the same motion that an order for support termination be set. Some states DO automatically stop support at 18, like MD.
Sorry I'm not VG, I'm trying to fix a program and needed a break!
KAT
 

CMSC

Senior Member
Re: all righty then....

lovingwife said:
and what does this have to do with laws? just bustin ya-{{{HUGS}}}
and stay off my posts, too will ya??? kidding again...
{{{MORE HUGS}}}}
bored too-cleaned all Im gonna clean and taking a break-but I do have a question for ya now...
recording phone calls? ever do that?
just filed a police report for a totally inappropriate phone call we received yesterday-
just kicking around some ideas....
]\

Ok, smartass! You got me! Sorry I didn't mean to hijack.:p

As far as recording phone conversations, it is about time you took my advice!!!!!!!!!!!!!!!!!!!

First always assume the stricter states law applies over the other, this way you are covered!

Here are the laws in your state and the possible phone callers state:

First off California: http://www.rcfp.org/taping/states/california.html

Next Oregon:
http://www.rcfp.org/taping/states/oregon.html

and finally Washington (ya know just in case:))
http://www.rcfp.org/taping/states/washington.html

many states specify cell phone and cordless phone call laws as well.

ALSO IN OREGON IT IS ILLEGAL TO RECORD OR LISTEN TO CONVERSATIONS THAT YOU ARE NOT APART OF AND YOU CAN BE FINED UP TO $5000 AND A YEAR IN JAIL!
 

Ambr

Senior Member
what my lawyer told me about recording phone calls.....
(Assuming that it is legal for you to do so - don't have a clue about your home state)

record everything from the time that you pick up the receiver and dial or say hello.

somehow throw in the date and time of the call. if you are making the call you can always put it in when you are doing the dailing - time now is X:XX on Sunday, Sept. XX Reaffirm it when the other party answers.

Always remain calm and patient. Watch what you say - don't bait anyone. Let them make their own trouble. Anything you say can be used against you as well.

Always identify the person that you are talking with.



just some info that someone gave me once.
 

kat1963

Senior Member
Some judges don't want to hear it, best course of action is to take it to a private third party transcriptionist. In addition, it also doesn't stop one from documenting the phone call. In a journal yes, OR/AND in addition to, sending a certified letter to the other party stating that "As per your phone call of 8-1-02, 10:24 pm, you state that such and such was "a" and that "insert threat here".
KAT
 

VeronicaGia

Senior Member
LW - sorry, I've been crazy w/work and home

Support in CA ends by operation of law when the child turns 18 and has graduated from high school. I have been told (somewhere) that the CP will have to prove the child is still a full time student when the child turns 18, that this is sort of automatic, but you know CSE, I wouldn't trust them.

Just to cover yourself, once the June payment has been made and received by CSE, I would file for emancipation; at least wait one or two weeks after the June payment and file. The child must have graduated from high school before he/she can be emancipated, so March won't work.

From what I understand, the child can be a full time employee, but must be living on his/her own in order to be emancipated and considered a self-supporting adult. So if child is working full time, but still living with CP, you may be able to get a downward modification, but I wouldn't count on emancipation.

If this is coming up soon (like next year), in January, you may want to call an attorney and get a few minutes of free legal advice. This is just what I understand by reading (over and over and over.....LOL) CA codes.
 

VeronicaGia

Senior Member
ryry's mom

I didn't read all the replies, so I hope I'm not being redundant.

Go to www.deltabravo.net and look up whether or not the parties live in a one party or two party state. If either party is in a two party state, anyone recording a conversation must inform the other party. If both parties are in a one-party state, go ahead and record.

The above website has more info on this.
 

I AM ALWAYS LIABLE

Senior Member
lovingwife said:
What is the name of your state? ca
have a question for ya-saw you posting on one of the "other boards" and since you seem to well read on this subject...
I believe I understand that when a child (ren) turns 18 or is finished with school by 19 (or something like that) the NCP has to file to have support stopped, yes?

MY RESPONSE: YES.


So, should the NCP file immediately when child turns 18, since courts take soooooo long to get things done-or does the NCP have to wait until graduation?

MY RESPONSE: NO. It stops upon filing "after" graduation. If you file ahead of time, to "get a jump" on the process, your Motion to Terminate will be "premature" and dismissed by the court. Go back to square one.

Absent agreement by the parents (Ca Fam § 3587) or a "needy" incapacitated adult child (Ca Fam § 3910), the statutory child support duty normally terminates when the child reaches age 18 (age of majority; Ca Fam § 6500).

However, as to any unmarried 18-year-old child who is a full-time high school student and not self-supporting, the parents' statutory support obligation continues until the child completes the 12th grade or reaches age 19, whichever occurs first (thereafter, continued support is subject to the parents' agreement). [Ca Fam § 3901(a) & (b); see Marriage of Everett (1990) 220 Cal.App.3d 846, 852, 269 Cal.Rptr. 917, 919-920--trial court erred in terminating support before 18-year-old child completed senior year; see also Politzer v. Office of District Attorney of Santa Clara County (1989) 212 Cal.App.3d 295, 299, 260 Cal.Rptr. 450, 452--H obligated to pay county-assignee per § 3901 even though child support order required support until age 18, because statute is "self-operative"]

IAAL
 

VeronicaGia

Senior Member
IAAL, glad you could respond.

So I was at least partially right. I was told at one point that it stops under operation of law once child has reached 18 and has graduated or has reached 19. But since I'm one to cover my you-know-what, I'd suggest people file for emancipation. And now, per your response, one would have to file for emancipation.

I feel like I'm getting better at this....no where near your level of expertise, of course, but I'm learning.
 

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