Child support

@chippy49 (171)
United States
December 14, 2007 4:11pm CST
Are there any lawyers out there. I just need one question answered. My husband and I are currently paying 600 a month for child support for a 17 year old girl who lives in Texas. She has faid school 3 times and is currently NOT enrolled in school. My question is, Since we know that she has never been enrolled for the 2007-2008 school year and is going to fail again, what are the chances of us being able to get the child support stopped after she turns 18, since she is not meeting up to her obligations. Or does it not matter. Please do not post HATE things agains me....you do not know me and my situation, plus what we have been through in the past 4 year about all of this. Thanking you in advance.....
2 people like this
5 responses
@rosey3223 (1566)
• United States
15 Dec 07
You know what is ridiculous on my part? I lived in Texas for 6+ years, and I honestly don't know the law about paying child support to a teenager and if there are any loop holes in that law. This is why I say it is ridiculous...in 2002 I went through the Attorney General's office (through welfare) to establish child support. I honestly didn't want the money, I knew he would never pay, I just wanted it to be known that we were separated at the time and a lawyer told me that was the way to go...to apply for child support. So because he didn't show up to the actual hearing I was able to establish the rights that I wanted, but the support was to have stopped when my son turned 18, because he would be considered an adult. Then when I finally got my divorce finalized in 2004, I made a few adjustments to it, but it still remains that the support ends when my son turns 18. With all that said, it is my understanding that no matter what the child is doing, if you are ordered to pay child support, then you have to pay until that child turns 18...or actually whatever it says in the decree or the judge had ordered. No matter what, you have to follow through. Have you tried to contact the Attorney General's office. They know the law just as a lawyer would and there is no charge. I don't think I was of any help because every case is different but to be honest I don't think that payments should stop just because she is not going to school...after all the money should be going towards clothes, food, shelter...things that she needs. I understand that she needs to have an education, but if she continues to fail that is her own fault as well as whatever becomes of her as an adult. I do hope that you do find out what it is you can do. My philosophy has always been that there are loop holes in EVERYTHING, hopefully you run into one.
1 person likes this
@rosey3223 (1566)
• United States
15 Dec 07
Now that makes a whole lot more sense...THEY are abusing the system!! I can't stand people like that!!! I think that just with the child refusing to want to see you that it should be dropped, but sadly I know that it states that "just because one refuses to pay, you cannot stop them from seeing the child. And just because one refuses to let the other see the child, you cannot stop paying the money due." That was in my decree from when I first filed for the support. My ex owes $525/month for our son only for the fact that he is so far behind in back-pay (about $25,000 now), but he refuses to pay it, so with that it is his fault that it is so high. Now your case just sounds like the mother/daughter duo of the year trying to abuse the system and being complete b!tches. I really am sorry that you are going through all of this. The only thing I can suggest is that you call the Attorney General. Also, see if they cannot help you in any way. The service, as far as I know, is free. I haven't had to pay them one dime for all the help they have given me. But being that you are the ones that are paying the support (where I am the one that receives it) it is more than likely going to be a different type of case. But still, what could it hurt if you did call them? And if I sounded mean in my other post, I am sorry!!
1 person likes this
@chippy49 (171)
• United States
16 Dec 07
Thank you rosey, no you did not sound mean....you did everything perfect. Like I said in my question, no one knows the whole story....trust me there is more that involves the daughter that we have custody of. I just didn't want to type that much, LOL...I just did not want to sound like a child support hater like I did in my very first question when I started on mylot, but again, no one is living in my shoes. Thank you all for your wonderful posts.
1 person likes this
@chippy49 (171)
• United States
15 Dec 07
I hope that you did not take me the wrong way. We will be paying child support until she is 18 that is fine, I do understand the obligation, I think 600 is a little much for one child, and all my husband does for a living is a firefighter for the city and he does not get paid that much, he did however get a second job in 2005 after she filed for 32,000 in back child support after her daughter that we have custody of turned 18. So here she was waiting for her oldest to turn 18 and then BAM, her youngest that she has custdy of was 15 at that time. So since we had to pay that, he got the job. Now in the mean time in 2006 the youngest wanted to live with us, she did for about 3 months, she was a tyrant. She was so bad that one night after spending the night her friends house and a boy dumped her, she went and called the cops on us, for no reason. So then she moved back to texas with her mother and then she filed for child support of 600 a month, because of the two jobs. So we are now over 50,000 in debt because I do not have money for food, gas, schooling for now my children so I have to use credit cards and loans. So, that is why now after these lies and lack of school and support for the mother daughter relationship, plus the daughter now refuses to see us ever again, even though it is court ordered. that I want it to stop. The daughter has a job, the mother does not, and the step father collects disability for a supposed hurt back, but when the daughter moved back to texas, he picked up her heavy boxes with no problem.
1 person likes this
@sedel1027 (17846)
• Cupertino, California
14 Dec 07
I don't know the law in Texas, but I can tell you here - in Louisiana - if a child is not enrolled full time in school after a certain age you are not obligated to pay child support. I thought that law was in every state once the child passed the age that they were required to attend school (here I believe it is 16). Also, you can get all the child support you paid back that you paid out when she was not meeting her obligation.
1 person likes this
@chippy49 (171)
• United States
14 Dec 07
We are still obligated to pay till she is 18 no matter what. But, what if she does get enrolled for the 2008-2009 school year and knowing that she failed now 4 times and has never been enrolled for the 2007-2008 year at all. I just want to know what our future can hold for us. We are currently in 50,000 worth of debt because of this whole mess, and cannot see the child. I dont think that it is the case in Texas about getting the money back, they will probably consider it a gift.
@sedel1027 (17846)
• Cupertino, California
14 Dec 07
Why would they consider it a gift? Check this out from divorcenet.com "Child support is owed until the child becomes 18, unless the child has not graduated from high school, in which case the child support continues until the child has graduated from high school, as long as the child is fully enrolled in school." http://www.divorcenet.com/states/texas/txfaq04 If I were you I would file a change in child support at your local court house. Get a good lawyer and have her plead your case to the judge. Odds are you will get a judgment in your favor because she is not enrolled in school and has failed so many times. When you go to court make sure if you have to pay until she is 18, then you get it cut off at 18 regardless if she is in school or not. Even though there are laws in place, you can always get a child support agreement that does not necessarily agree with the laws.
1 person likes this
@chippy49 (171)
• United States
15 Dec 07
Thanks for the website we have been to so many in the past couple years trying to get help. From what we found out in the mediation in September, because we had proof then that she was not in school, that it does not matter right now whether she is in school or not we still have to pay till she is 18. Even at the mediation, she got the child support changed from 450 a month to 600 and she threatened to take us to court for more if we fight her on anything else.
@miamilady (4910)
• United States
15 Dec 07
I would think that child support should be paid until the child is 18 regardless of the childs performance in school and regardless of if the child has graduated. Legally, they are not an adult until the turn 18. After they turn 18, then I would guess that legal responsibility is done. I guess moral responsibility is something for the parents to figure out. As far as the child not being enrolled in school under the age of 18, I would guess that there are still financial responsiblities for the parents must meet. The kids still have to eat and they still need clothes to put on their backs right? I hope you're not thinking of this as a hate post. It isn't. As you said I don't know you or your situation. I can empathsize with the problems of being in debt. I have my own issues with that, but I do think if a person plants the seed and has a child, they do have a lifelong responsiblity to the children they bear, regardless of the parent's relationship with eachother. Of course, as the child gets older and older and past the age of 18 and they grow to adulthood, the obligation (as well as the need for involvement) will decrease. Some parent/child relationships stay strong throught a lifetime. Some parent/child relationships barely survive throught to adulthood (some don't even make it that far). Whatever your situation I hope things turn out in a way that is best for all parties concerned. Good luck.
@chippy49 (171)
• United States
15 Dec 07
Please read the rest of my comments on the other responses, you might understand it a little further....I am NOT trying to get child support stopped before 18.
• United States
15 Dec 07
You should be able to get it stopped. I dont know why you should have to pay it once she turns 18. Especially since shes not in school.
1 person likes this
@chippy49 (171)
• United States
15 Dec 07
Read my responce to oneandonemakesix to see what I found out yesterday.
@chippy49 (171)
• United States
15 Dec 07
I mean response...he he
@lilybug (21107)
• United States
14 Dec 07
From what I understand about child support is that you are obligated to pay until she is 18 no matter what. If she is still in school full time then you have to pay until she graduates. After she is 18 and is not in school you no longer have to pay, unless there is back support due. That still has to be paid no matter what. If she were to go to school full time and graduate and continue on to college full time(does not sound like ti will be happening) then you will have to pay until she is out of college. Since she is 17 and not in school as soon as she turns 18 the support should be able to be stopped.
1 person likes this
@chippy49 (171)
• United States
15 Dec 07
What the lawyers, me and my husband believe is happening is that his ex is trying to make sure that she will continue to get child support till the child is 21, since that is the law. She knows that past 18 all she has to do is have the child enrolled in school and then she will get her money. See when this whole thing started we offered to pay her off with 10,000 this was from the time she filed till the age of 18, and grant you before this she got 32,000, we wanted to get out a loan and pay her so that we did not keep on going into debt from it being taken out every month. She said no and wanted 20,000 and that would take her to the age of 21, but actually now since the monthy payment went up she will be getting more. We know how she works. She told us that she wants us to suffer forever....she has problems.