Need advice

Leticia E. - posted on 06/30/2015 ( 16 moms have responded )

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Hello my name is Leticia , and I have three kids that are grown now, when they where little they went to live with there dad. And I had to pay child support,, then at the age of 13 & 14 my kids came back to me. He the father of my kids was sexually abusing them, i try to press charges on him but nothing was done. So then the kids stayed with me . BUT THE CHILD SUPPORT keep running . Need help how to stop the child support.

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♫ Shawnn ♪♫♫ - posted on 07/01/2015

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It depends on what your original orders (with any amendments) said. If they said support until the age of 21 (which IS allowable in some places, as is support until college is complete, which can be between ages 22 & 24), then you must continue the support until the child is 21.
I'd recommend you speak with an actual practicing attorney

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Dove - posted on 07/01/2015

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If it's new and current support... you don't pay that once your children are 18 (unless they are full time college students up to a certain age). If it is BACK support that you are still behind on... yes, you have to pay all the back support until you don't owe any past due amount.

If you are confused about any of this... consult a lawyer to explain it.

Leticia E. - posted on 07/01/2015

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OK I understand that , but I was just looking at my paper from child support and its said I'm still paying for my son last year 7/14 . For $50 a week But my son is turning 21this year is that possible. And I thought once a teenager drops out of school they Emancipate them self. My son dropped out of school when he was 16 yes old. But the order from court is still making me pay. I'm confused. Going to talk to my cousin's boyfriend "The lawyer"

♫ Shawnn ♪♫♫ - posted on 07/01/2015

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Ok, so you had back support that you were paying on. I get it. You don't get out of back support, honey. That was support that you SHOULD HAVE PAID but didn't, at the time, so you're paying it now, even though your kids are grown.

Nope, no way of getting out of that. You should be dealing with the state child support agency at this point, and if you are having a hardship, you should be able to make arrangements to work out your payments, but back support is an obligation that you cannot get out of, nor will you be released from it due to injury.

Jodi - posted on 07/01/2015

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Ok, it just occurred to me - you had back support? You would still have to pay back support. If you didn't pay it at some stage, you would still be required to pay it to him even if they are adults. Because what happened there is that because you didn't pay it while they were little, he used HIS money to pay your part of raising them, so it is only fair he gets that back.

Leticia E. - posted on 07/01/2015

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I don't know I'm still paying my self and the other thing I don't understand that money was for my children when they were little not for him now. What upset me that he moved into my oldest daughters house doesn't work and lives off of child support I'm giving him . I guess I'm venting can't talk to my kids about there dad . And my parents have passed away so I joined this group to see if there are women out there in my situation. And the other problem is my ex is a child abuser and never served time cuz my girls where so scared of him . didn't want to testify against him and now he's around my grand babies. I'm so upset and sad ....😤😤

Jodi - posted on 07/01/2015

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I honestly don't get why you are still having to pay child support if your kids are adults. Is that even a legal requirement? What is written in your orders?

~♥Little Miss - posted on 07/01/2015

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If your children are full grown with kids of their own, why are you still paying child support? Usually there is an agreement in place up until a child is a certain age. I would get a lawyer and figure this out.

Leticia E. - posted on 07/01/2015

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Well the reason why I'm wanting to modify my court case is because last week I got a text from my daughter saying my ex husband told her that the child support money THAT I'm still sending is not enough that if I don't send more he will put a warrant out for my arrest. Since,my children are grown I moved away from Illinois and now live,in Texas. Working fine for a year paying him every week on till I fell and broke my wrist since then the payments are not weekly cuz I have been with out work. I'm tired of his threats and want something done

♫ Shawnn ♪♫♫ - posted on 07/01/2015

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The time to address this was when the change of living arrangements was made. Now that your children are grown, with children of their own, I'd doubt you can get anything.
Ask a lawyer

Dove - posted on 07/01/2015

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Let it go. If you didn't go and change it when they were still kids... that's your own fault. Whether or not you can legally do anything about it... you would have to ask a lawyer, but honestly if you paid for YEARS of child support while the kids were w/ you.... I would say that's your own fault and problem and to just let it go.

Leticia E. - posted on 07/01/2015

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Well my children came back at the age of 13 and 14 and I have proof like school, public aide, ect. And yes my girls are grown and have there own children. But I was wondering if I can go back to court and change the order of the court?

♫ Shawnn ♪♫♫ - posted on 07/01/2015

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First the residency change has to be approved and ordered legally, then you can get the support change ordered.
However, you say these kids are now grown. You may not be able to get anything returned to you that you paid after they moved in with you, if you did not do it through the courts.
If the children are still under support orders, then by all means, get your attorney on the move to make the changes.

Jodi - posted on 06/30/2015

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You need to have formal orders from the court that they are living with you. Then you can change the child support order. But until you do that, the child support is based on the fact that legally, they are with him.

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