Child Support Order Question - State of IL.
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:sick: dh court order indicated CS will stop 30 days after sd turns 18. She will turn 18 in March of her senior year (2013). My questions are: do we have to mail a copy of the cs order to cs division with a letter letting them know that payments will stop? Do we legally have to pay cs until sd finishes hs? Any information is appreciated.... I am counting the months when bm with finally have to go out and actually work and not depend on us to make her house payment.... ughhh
I would continue until she
I would continue until she graduates HS as the child is unable to get a full time job and support herself... after than she is on her own.
As for the question for
As for the question for mailing in a copy I would just call child support and ask them. Just say this is the situation and you were just making sure if they needed another copy of it or whatever..As for the child support being paid after she turns 18. As long as the court papers say 30 days from birthdate stop paying then she wont get anymore money..If the courtpapers say that but also say anything about supporting her till after highschool your DH would have no other choice but to either pay or contact the courts or a lawyer and to have them advise him on what to do..
@stepmama2one. His court
@stepmama2one. His court order indicates March 2013 (sd turns 18 in march of 2013)and indicated nothing about completion of HS.
Then I would contact child
Then I would contact child support enforcement and ask them if around that time if they will need a copy of the order. They could have a current order and STILL keep taking out support or making him pay it because unless you guys bring it up to them they could overlook it or do whatever they want. If the order says 30 days after she turns 18 then thats when it should be over. Although if BM wants to be a pain then she can go back to court and ask the judge to make him pay until she either graduates high school or until she is 21 depending on what state you live in.
You really have to put the
You really have to put the wording that the court order says. If the court order says 30 days after she turns 18, then that is exactly what it is. If the court order says 30 days after she turns 18 or graduates from highschool, whichever is later, then you have to pay until she finishes high school. I would NOT pay a single dime after the court order states. After that, you can pay the child directly some money, etc...but I would NOT pay the CP anything after the court order says...unless she's a decent human being, and many are not.
Here is some good info for you...
http://www.illinoislegalaid.org/index.cfm?fuseaction=home.dsp_content&co...
If it doesn't say completion
If it doesn't say completion of HS it is exactly as stated. You have to call CS about three months before to let them know it is coming...
@ herewegoagain... thank you
@ herewegoagain... thank you for the link, it was very helpful. The wording is in the CS order and in the notice of withholding order to his employeer. It gives the date along with "or futher notice". No BM is not a decent person, she has poisned sd for so long that sd only comes to our house 2 times a year.. xmas and her birthday (when their is something in it for her)
dh also just got a better paying job and bm has already spouted off to bh "family" that she wants more money now that he has a new job. In order for us not to have to pay another attorny 400.00 to change the cs order AGAIN, we are going to make the additional payments on our own. Does anyone see a problem in this????
Yeah..In my state when you
Yeah..In my state when you file for child support they have you file a paper saying NCP paid X amount in cash and this is when they paid it blah blah blah...but basically with her being a pain she could say you didnt even pay anything... So I would keep filing through the state UNTIL you are no longer told to do so. So yes, your dh should be done paying support, but like I stated earlier she could very well try to take your dh back to court to get the child support order extended...
Why, if it's only 3 months
Why, if it's only 3 months away I wouldn't give her a dime...heck, it's less than that...by the time the court appears, the order will be stopped. I don't understand why you would pay anything but what is court ordered.
I was going to make the CS
I was going to make the CS payment directly to the state and not to BM... does that make a difference.
I don't see sd going to college at least she has not indicated she wants to.
Do not give her more
Do not give her more money...Stick with what the court ordered. It will be considered a gift if she does take you back to court, you will get no credit. Just stick to the CO and if she wants to take you back let her. The lawyers are not as expensive for just a modification.
@ jsmom..... are you saying
@ jsmom..... are you saying even if i make the additional payments to the state it is considered a gift?
What a relief to talk to
What a relief to talk to someone who lives in IL also. Thanks snickersgal.... dh doesn't want to pay an attorny again for modification increasing his payments and employer won't change the amount... Do you agree with above on waiting until bm takes us back and we get something from CS?
I'm in Illinois too, and my
I'm in Illinois too, and my DH ended his CS obligation almost 2 years ago. A few months before your SD's bday your DH should file with the courts to end CS at age 18 as defined in the CO. You must file this with the courts or CSE will continue to take payments and send them to BM, as snickersgal said above.
My mom's boyfriend has a son who turned 18 in December and he didn't know he had to file with the courts to end CS payments. Instead, his ex took him back to court to request CS while the kid is in college, and for him to pay for all college expenses. The judge is entertaining the motion because the CS case is still not closed.
What great information from
What great information from everyone.... I had no idea you had to file with the court to end the support... I am assuming we will need an attorny for that???
What a relief to know we
What a relief to know we don't have to get an attorny..... Thank for all of the comments