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Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

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Old 06-03-2006, 12:50 PM
Mikesgal Mikesgal is offline
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Default Get this...what a "quack"

I went to see one of those "30 free minutes with a lawyer" the other day on behalf of my husband.if you remember he had stopped paying child support towards his son because the son who is 17 and living with the maternal grandparents was suspended from school and was in the process of moving in with his 27 year old g/f and 3 kids..well son and g/f broke up (for now) and he is back in school...we started payments back to the grandparents (mother was only sending up 200.00/month and pocketing the 425.00 to pay her bills) next we get this letter from the ex's lawyer stating that child support should resume--(which it did) but to the grandparents..husband spoke with the ex-inlaws and said it was stupid to go through the courts spending all that money and so he agreed to continue paying until his son finished highschool next summer--(he will be 18 in March but will continue until end of June 07)...anyways on to the "quack" he said that even if this boy drops out of school again and moves in with this girlfriend he is still entitied to receive the child support payments and that the money should be going to the mother not to the grandparents as it is stated in the separation papers...I was always under the understanding that when your child drops out of school then support stops...not the way this lawyer sees it...I think he just wasted 30 minutes of my life...he also said that my husband who has been paying for his 19 year old non-biological daughter for the past 15 years can now stop paying for her (she is going to be finishing highschool this month)---only going part time to get a credit or 2....however now she has been excepted into college and the mother will most likely be coming back to my husband wanting more money for that..this lawyer says that we can go to the courts and get an order to get the "real dad" to start paying since he has gotten off scott free for 19 years however both dads could still have to pay and the mom could be getting money from both of them.....how bizzare is that?????
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Old 06-03-2006, 10:41 PM
logicalvelocity logicalvelocity is offline
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Mikegal,

Quote:
he said that even if this boy drops out of school again and moves in with this girlfriend he is still entitied to receive the child support payments and that the money should be going to the mother not to the grandparents as it is stated in the separation papers...I was always under the understanding that when your child drops out of school then support stops...not the way this lawyer sees it...I think he just wasted 30 minutes of my life...he also said that my husband who has been paying for his 19 year old non-biological daughter for the past 15 years can now stop paying for her (she is going to be finishing highschool this month)---only going part time to get a credit or 2....however now she has been excepted into college and the mother will most likely be coming back to my husband wanting more money for that..this lawyer says that we can go to the courts and get an order to get the "real dad" to start paying since he has gotten off scott free for 19 years however both dads could still have to pay and the mom could be getting money from both of them.....how bizzare is that?????

I think you found yourself a GOOD well experienced Family Law Lawyer!
and explained your full options.

A separation agreement is binding and is as good as a court order. In an event of a material change, either the agreement should be amended if the agreement allows for such between the parties OR you could have it varied through the courts.

The lawyer is correct in regards to the other non-biological child also
If the child is finished school, then the support should end. However, if this child does attend community college, then support should be paid until this child obtains their first diploma in the field of study. Moreover your husband could be expected to contribute to the section 7 expenses of college.

Additionally, the REAL Father could be named as a party to the claim by your husband on motion for child support and also section 7 contribution to the child's education expense.

I should also mention that if this child is employed, the child could also be expected to contribute to their education expense.

LV

Last edited by logicalvelocity; 06-03-2006 at 10:49 PM.
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