hauoli
12-25-2005, 06:03 PM
My husband's divorce papers state: "$xxx shall be paid ... until such child graduates from high school or attains the age of 19, whichever first occurs."
So, if this child is 16 and receives her GED, does that qualify as graduating from high school and end our obligation to pay child support? She currently lives with her grandmother, her mother is in the state pen, and my husband's daughter does not currently have access to the money we pay the child support enforcement agency ... We are hoping this will end our obligation so we can pay his daughter directly until she turns 18.
My husband's divorce papers state: "$xxx shall be paid ... until such child graduates from high school or attains the age of 19, whichever first occurs."
So, if this child is 16 and receives her GED, does that qualify as graduating from high school and end our obligation to pay child support? She currently lives with her grandmother, her mother is in the state pen, and my husband's daughter does not currently have access to the money we pay the child support enforcement agency ... We are hoping this will end our obligation so we can pay his daughter directly until she turns 18.
Where is the CS going now? If it is going to the grandmother you may not be able to do anything.
If the grandmother isn't getting the CS you can file to modify so that she recieves the CS. Although she has "graduated" she is still a minor and CS will continue until she either reaches the age of majority or is legally emancipated by a court.
Xena
hauoli
12-29-2005, 11:39 AM
The money is going into the mother's bank account. The daughter has her debit card, but has been unable to withdraw any money. The grandmother thinks that my husband's ex-wife owed the bank money (she's in jail for theft, embezzlement, etc.) and they are taking it out of the account as the child support goes in. Sounds like our only option is to request modification. The grandmother doesn't have guardianship ... will this affect whether the courts will allow the grandmother to receive the cs for my husband's daughter?
The money is going into the mother's bank account. The daughter has her debit card, but has been unable to withdraw any money. The grandmother thinks that my husband's ex-wife owed the bank money (she's in jail for theft, embezzlement, etc.) and they are taking it out of the account as the child support goes in. Sounds like our only option is to request modification. The grandmother doesn't have guardianship ... will this affect whether the courts will allow the grandmother to receive the cs for my husband's daughter?
Your husband needs to file for a modification like yesterday. As long as everyone (hubby, Grandma, and daughter) agrees that Grandma has custody I don't think that it will be a problem. He might want to check with an attorney just to make sure though. Either way, the modification needs to be done NOW. CS is meant to be used to pay for child's expenses, not mother's possible crimes.
Xena :)