My child will be 18 in less than a month. He was residing with his father, however, for the past 3 weeks he has been living with a friend because he and his father are coming to fisticuffs. I live in another state. My son is in his senior year in high school and would like to finish at his current school.
I am currently paying child support in excess of $700 per month but my ex isn't supporting our son in any way. I have found an apartment for my son to live in and am willing to pay his rent/expenses until he graduates. I cannot do this while I'm paying child support.
Should I file a motion for change of custody (we have joint custody now) or a motion to terminate child support? Can I ask the court to have my ex pay some sort of child support to help cover our son's expenses.
I cannot afford an attorney and will be doing this pro se. Thanks for any answers.
2007-10-18 09:54:50 · 4 answers · asked by CL H 2 in Politics & Government ➔ Law & Ethics
You can petition to change custody but you can not petition to simply terminate support.
I don't know how a judge will look at your plan to setup a minor in his own apartment.
A couple of people have stated that support ends at 18. Normally the order is worded so that support ends at 18 or completion of high school, which ever comes later (with some restrictions about dropping out etc). Since he is a senior in HS the support obligation may continue until June.
2007-10-18 09:59:43 · answer #1 · answered by davidmi711 7 · 0⤊ 0⤋
If your state stops at 18, just stop paying on his 18th birthday.
If your state goes to 21, file a Motion to Emancipate him, but include in the Motion a request for custody. List all the reasons your son is emancipated (supoprting himself, no plans for college, no support from either parent, etc.)
The book below will help YOU, too.
2007-10-18 10:00:17 · answer #2 · answered by stay_fan2 4 · 0⤊ 0⤋
Check your court order cause in most states child support ends at the age of 18.
If you are to pay after the age of 18 then you need to file an emergency emancipation and termination of child support.
Have lots of proof.
2007-10-18 10:12:37 · answer #3 · answered by Anonymous · 1⤊ 0⤋
File for Emancipation Pro Se and spell out what is going on with your son and his father. You should be granted the Emancipation and then you can help your son without the state meddling in your business
2007-10-21 15:21:18 · answer #4 · answered by heat miser 2 · 0⤊ 0⤋