# Child support/Child turning 18



## southbound (Oct 31, 2010)

I have two kids on which i pay child support. One will soon be turning 18 and in my state, that's it, I no longer have to pay.

What is the procedure for getting it recalculated for the other child? I'm not expecting any drama, so, is it just a matter of going to a lawyer, submitting our tax returns, and having a new payment calculated? We don't have to appear before a judge do we?


----------



## SecondTime'Round (Jan 15, 2015)

Are your ex spouse's expenses for this child going to completely stop once the child turns 18? Are yours?


----------



## 2ntnuf (Jul 14, 2012)

There should be a hearing of some sort to determine if you will be responsible for college education. If you have no obligation to that education, then your bill probably will not be cut in half, but it will be less. 

I think they sent me something, but I may have checked with them at least six weeks before my second child was to be emancipated. I can't remember what happened with the first child. I think the court sent me a notice, but I'm not certain. It's best to call them, or send a correspondence of some kind, early. 

I only said to check six weeks early because that's how long it takes here, normally, before you can get a hearing. You can check earlier and maybe be better prepared.

If you overpay child support, they are supposed to have the custodial spouse pay you back, but I never trusted them. My luck would have been for them to find "something" I owed her and then let her off the hook. 

You have to be proactive.


----------



## happy as a clam (Jan 5, 2014)

It should already be "in the system" with your Family Services court (or whatever it's called in your state). In other words, when your shared parenting agreement was filed and your final divorce decree submitted, the court should have plugged in your kids birthdays into their computer program. Thus, it should automatically adjust when your first child turns 18. 

Notice I said "should". It wouldn't hurt to give the court a call and make sure it is set up correctly. Easier to straighten out on the front end than trying to collect overpayments to your ex.
_Posted via Mobile Device_


----------



## Ceegee (Sep 9, 2012)

You do nothing. Your Corvette should be arriving any day now. 


Sent from my iPhone using Tapatalk


----------



## southbound (Oct 31, 2010)

​


SecondTime'Round said:


> Are your ex spouse's expenses for this child going to completely stop once the child turns 18? Are yours?


Probably not, but child support ends at 18 here.


----------



## matrixx (Feb 29, 2016)

SecondTime'Round said:


> Are your ex spouse's expenses for this child going to completely stop once the child turns 18? Are yours?


That's not relevant!

He wants to know how to stop his court ordered child support payments. That has nothing to do with the needs of his child or his ex spouse. In fact, once he's no longer obligated to pay, he has control over the money that he gives for the benefit of his children. As it currently stands, who knows how the money is being spent? Far too often the kids never see it.


----------



## southbound (Oct 31, 2010)

matrixx said:


> That's not relevant!
> 
> He wants to know how to stop his court ordered child support payments. That has nothing to do with the needs of his child or his ex spouse. In fact, once he's no longer obligated to pay, he has control over the money that he gives for the benefit of his children. As it currently stands, who knows how the money is being spent? Far too often the kids never see it.


Exactly. I have no trouble spending money on my kids, which will continue after they reach 18, but I will no longer have to hand over a check and wonder what happens to it.


----------



## Haiku (Apr 9, 2014)

It obviously depends on your state. There should be plenty of information available on your state's websites. 

Again based on your state...while your obligation to pay may have expired a judgement may still exist. If so, you'll want to address that too.


----------



## Ceegee (Sep 9, 2012)

southbound said:


> I have two kids on which i pay child support. One will soon be turning 18 and in my state, that's it, I no longer have to pay.
> 
> 
> 
> What is the procedure for getting it recalculated for the other child? I'm not expecting any drama, so, is it just a matter of going to a lawyer, submitting our tax returns, and having a new payment calculated? We don't have to appear before a judge do we?



Have you checked your decree?

Mine specifies amounts as each child reaches 18 or graduates high school (whichever happens last).


Sent from my iPhone using Tapatalk


----------



## Rowan (Apr 3, 2012)

Ceegee said:


> Have you checked your decree?
> 
> Mine specifies amounts as each child reaches 18 or graduates high school (whichever happens last).


Same with mine. That's pretty standard for my state (Georgia). If my ex-husband wants to contest the months between when our son turns 18 and when he graduates, he will need to petition the court. Otherwise, the order for support simply expires upon graduation and he need do nothing. 

OP, if your order doesn't stipulate a "per child" amount, then that was likely an oversight on the part of one/both attorneys and the court. Most of the orders that cross my desk specify X amount for each minor child, or something similar. If yours doesn't, I would contact your attorney and ask what the protocol is.


----------



## WasDecimated (Mar 23, 2011)

My child support was part of the divorce settlement agreement.

I have a daughter 15, and a son 17. When my son turns 18 and graduates, the amount will drop to a predetermined amount as outlined in the settlement. This number was decided upon by the Friend of the Court in my county. However, we opted out of the Friend of the Court distributing the CS payments. I transfer the monthly payment directly to XWW's account. The day he graduates, I will just start sending the lesser predetermined amount for my daughter.



southbound said:


> Exactly. I have no trouble spending money on my kids, which will continue after they reach 18, but I will no longer have to hand over a check and wonder what happens to it.


Yep...this ^^^ 200%


----------



## jb02157 (Apr 16, 2014)

southbound said:


> I have two kids on which i pay child support. One will soon be turning 18 and in my state, that's it, I no longer have to pay.
> 
> What is the procedure for getting it recalculated for the other child? I'm not expecting any drama, so, is it just a matter of going to a lawyer, submitting our tax returns, and having a new payment calculated? We don't have to appear before a judge do we?


Ahhh, not so fast, you will still have to pay. There are college expenses and health insurance you will have to pay for. It's not that you won't have to pay anything, the child support might be adjusted slightly but won't be reduced to zero. And, expect drama, anytime you apply to change any of the child support, your ex will be there and allowed to contest it. And, as usual, women always win when it comes to any child support dispute. She will be quick to point out she still has expenses if the the 18 year old has not entirely left her house with a job and place to stay on his own.


----------



## JohnA (Jun 24, 2015)

It will drop unless there is an agreement into settlement to fund college or other expenses. The one joker in the deck insee off hand is health insurance. I know a kid can stay on a parents health insurance till their mid twenties. I don't know if a parent has to carry them.


----------



## matrixx (Feb 29, 2016)

JohnA said:


> It will drop unless there is an agreement into settlement to fund college or other expenses. The one joker in the deck insee off hand is health insurance. I know a kid can stay on a parents health insurance till their mid twenties. I don't know if a parent has to carry them.


It's not required, it's just an available option.


----------



## nice777guy (Nov 23, 2009)

From what I understand, in my state the spouse receiving support can ask for a continuation IF the child goes to college and is still primarily under their care. They have to be proactive - they have to file before the 18th birthday.

Good luck!


----------



## brooklynAnn (Jun 29, 2015)

JohnA said:


> It will drop unless there is an agreement into settlement to fund college or other expenses. The one joker in the deck insee off hand is health insurance. I know a kid can stay on a parents health insurance till their mid twenties. I don't know if a parent has to carry them.


Remember the young lady from NJ who sued her parents to pay for her college education and the judge agreed with her. 

So, OP just because the child is turning 18 does not mean that your financial obligation is finished. If you are the one carrying the health insurance and the child is in college then, you are still obligated to keep them on your policy until they are 24. Unless, you want them to pay for Obama Care which for a young person can be up to $450 a month.

Also, you might be obligated to pay for college.


----------



## Ceegee (Sep 9, 2012)

matrixx said:


> It's not required, it's just an available option.


Wow - banned after second post?

Must've been the other one.


----------



## southbound (Oct 31, 2010)

jb02157 said:


> Ahhh, not so fast, you will still have to pay. There are college expenses and health insurance you will have to pay for. It's not that you won't have to pay anything, the child support might be adjusted slightly but won't be reduced to zero. And, expect drama, anytime you apply to change any of the child support, your ex will be there and allowed to contest it. And, as usual, women always win when it comes to any child support dispute. She will be quick to point out she still has expenses if the the 18 year old has not entirely left her house with a job and place to stay on his own.


I realize that as a father I will still have an obligation to my own flesh and blood, but "child support" itself will end. I guess when I asked this question, i didn't consider that it varies from state to state. I suppose the procedure for changing it would also vary, so it really didn't do me any good to ask the question here. 

In my state, child support(the fixed amount that I pay my x-wife every month) ends at age 18 unless they haven't finished high school, at which point it ends when they finish high school or age 19.
Another exception is if the child is handicapped, it can go till age 21. In my state, there is no statutory obligation for either parent to finance their child's college education. 

I plan to help with my daughter's education, but the money will be going directly to her; I will no longer have to hand over a check to my x.


----------



## JohnA (Jun 24, 2015)

@brooklynAnn 

No the judge ruled against her. Are you thinking about a case from the early nineties where the husband got stuck with a huge alimony bill and paying for a kid's college education that he found out later wasn't his? I think in that case since the divorce settlement included the payment he was stuck. 

By the way the lawyer who represented her was best friends dad. Very creepy.


----------

