My husband has been paying child support for 15 years. His daughter turns 18 this year. We have been paying his ex directly (not through courts just a deposit into her account every month). My question is that according to child support order the payments end when child is 18 (or to 19 if still attending HS), do we have to notify the court in MD that we are no longer obligated to pay child support? He was speaking to a friend that was required to notify the court in AZ 6 months prior to his daughter turning 18 that he was no longer obligated to pay... The difference was that his friend had to make the payment through the court. We have always paid support on time and his ex and I discussed daughter turning 18 and graduating. But just want to make sure that we are doing this the right way... I would hate to have done all this on time for 15 years and then have to pay longer just because we didn't notify the proper people that he was supposed to be done.
I would ask a lawyer. I hope you find what you are looking for.
I wish you all the best.
= )
Take care.
You need to refer to the legal documents that specify the support obligation. That and the laws of the state the child resides in the where to legal document originated from. (if they were divorced in MO but you now live in AZ, then you will need to check MO's laws regarding support).
It sounds like you have looked at the support order (either decree of divorce or child support order), and any modifications that have been made to it, so you are one step ahead. Check with an attorney who specializes in family/child support law, there are lots of attorney's who handle "general" things but are not up to date or completely in the know about every change that comes down the pike-- and there are often many-- or every nuance and exception to the law, unless it is their specialty.
Assuming that you were not required to pay through a court, then regardless how else you proceed, I would be sure to send a written notification to the "ex" setting forth that daughter turns 18 on such & such date and graduates from HS on such & such a date, and that in accordance with the child support order, on ___ date the child support obligation ceases and you will discontinue the monthly payments that have been coming for years(keep a copy for yourself and send a copy to the court where your child support obligation is registered to be filed in the court file- if if NOT required to be paid thru the system). Don't be unnecessarily cold/rude, as it sounds like you have a good relationship with the mom. Just be sure to state the facts. You could even tell her (not in the letter) that you will be sending it just for "administrative" reasons, and explain whatever it is that your husband still plans or is willing to contribute to.
A quick free consult with a family law attorney should set your mind at ease.
Since he's not paying through the court (or rather, through the state) then I can't see where it would be any of their business. If they get curious, then I'm sure they have a record of the arrangement on file that has her birthday on it. He should remind his ex, of course, so she doesn't freak out when the money isn't there, but I'm sure she's already thought of it. Notifying the court and/or state is something you should only have to do if enforcement proceedings were necessary at some point and the state got involved. When it's handled between two mature adults that have care for their responsibilities then I can't see how it's the court's business. Especially since they haven't been involved to this point. I would think it would only come to their attention again if his ex complained to them that the payments stopped in which case your husband would go in there and explain that the child had reached the age of majority and he is no longer obligated to provide support. Easy.
Call your county court house and ask them if there is a proceedure that he needs to go through.
I would consult a lawyer who specializes in domestic issues to make sure you are doing things legally and properly. Forms and procedures may have changed. Also have that talk with the ex about these next 5 plus transitional years (college...etc.) so that both of you make sure the child has the education or trade he or she needs to move toward adulthood and independence. Best of luck!
You should be able to find a family lawyer that will answer that question for free. As the mom in that situation, I would just remind you that your husband's obligation to his daughter isn't done just because she's 18. If he can help with college costs, he should. :)
You said "not through the courts" but do you have a legal document from the divorce ordering the amount, etc? If his daughter is going to college, I believe he may be required to keep paying, but I also thing that that would be specified in the divorce decree or she oculd request now. Other than thant , I am not sure.
T.,
What was in the Divorce Agreement?? Mine ended at 18 but if the Child is 19 and still in HS it should continue until she graduates. Also is she going to College full time after HS. Mine continues until my son is 24 years old as long he is a full time student. To be emancipated completely from child support you must go through the court system. If not you still have to pay until that is done legally.
D.
