You do not have to pay for the whole month of June if you can get the case to court in time. If I was you, I would file in April or early May and ask for a court date in early May. That way all the paper work can be completed in time for it to get to the proper people in time for the child support to stop. It would probably be a good idea to have a paper from the school stating the last day he will attend and that he is in fact graduating on June 9, 2006.
Can you file without a attorney?
Are you paying thru the Child support agency in North Carolina?
When we filed, we had the Case #. We went to the Clerk of Court and filed a motion. In Scotland Couny it is titled: Motion and Notice of Hearing of Modification of Child Support Order.
It will ask what circumstances have changed since the last order was entered. We listed that the child was 18 years old and was graduating (enter date of graduation). We had a letter from the school stating that he was indeed graduating. Mother tried to say otherwise so she could get even more child support. The form will have a list of modifications. Mark that you want child support terminated.
Give this completed form to the Clerk of Court and they should give you the date and time for the hearing. We did all this without an attorney.
Thanks for the info.
So, when the criteria for terminating CS is met (i.e. child turns 18 and graduates from high school, etc.), you can’t just stop paying? You actually have to file a motion? Can you just stop paying and if something ever happens, then go back and prove you met the termination criteria at the time CS was stopped?
We only went thru lawyers to set up CS. I thought when CS ends, it ends, I didn’t know it had to be modified to end?
Also, am I correct in assuming it is pro-rated for the last month? Say, the child has already graduated high school, and turns 18 on the 15th day of the month, you only have to pay the pro-rated portion, and not the whole month?
Thanks, just wanted some clarification.
His child support was taken directly from his check and sent to Raleigh by his employer. The only way the employer would stop taking out the child support was by a court order sent to them from DSS. He only paid a partial amount for the last month, but the main thing here is getting the paper work in motion on time for everything to be done and mailed out in time for it to stop.
When the first child had reached 18 and could be dropped, DSS continued the case an extra month which meant he had to pay an extra month. He was told he could not get the money back once it was sent to the mother. Real convenient for the mother, DSS had not done their paper work because they claimed dropping one child would not make a difference. Judge let them continue for another month when my fiancee protested that it would drop by $300.00. We went back the second time and they tried the same thing again with the same Judge. Boy was he mad!!! He gave then 15 minutes to get the proper paper work or he would charge them with contempt of court. Child support was dropped by $350.00.
My husband is paying child support directly to his ex. His lawyer told him when his daughter is 18 and out of high school to just stop paying.
Please, Read and respond.
I have a son that will be graduated from high school on June 9th/2006 and he is 19 years old.
Q1? can he become the child support recipients for the last two payments?
Q2? Am i obligated to pay for all of June 2006 or partial (the 9 days)?
Note: I am only asking these questions, since his mother is after more child support$.
P.S. Paying child support since 1989, and never been late.
Thanks, in advance.