Modifying Child Support when Child turns 18


#1

We are divorced and have a consent order in place that specifies an amount of child support calculated in 2010 for three children. In 2012 the oldest graduated and my ex husband simply reduced his child support payment based on his own calculation but no order was filed. I didn’t file anything to say he was in contempt as I have no money for an attorney nor do I want the hassle. (It took 3 attorneys and almost 3 years just to get this far). This year 2013 another one of the children will graduate and turn 18 in 2 weeks and I know he has plans to reduce it yet again.

How is this handled? Isn’t he supposed to fill out the financial affy and support documents to the judge to have it recalculated? He now is making over $300,000 and I think we are required to appear with financials to have the judge make this decision. Am I correct? Is he in contempt?


#2

not a lawyer

I am in your husband’s position and yes, I would never recalculate child support when a child ages out on my own without doing it officially through the courts. I suspect the law supports your assumption so the next step is to go talk to an attorney!


#3

Lawyers want money … little problem when you don’t have any! But thank you!!


#4

I’m curious, is your last child aging out in 2 weeks? If not, and you feel your ex is making significantly more money then the last time your child support was computed, it may be well worth getting it recalculated which undoubtedly could increase your monthly child support payment. The calculator on this website can be used as a guide. Good luck!


#5

If you do not want to use an attorney, you could contact child enforcement services to enforce the order. You could also enter a modification of the order voluntarily and have the court enter it as a consent order. If you have a mutual exchange of documents, you can utilize the child support calculator and agree on a new obligation.