How Many Thought Child Support Ended at 18 or 21

alldodge

Moderator
Staff member
Joined
Mar 8, 2009
Messages
40,751
Don't know if there are any legal beagles here, but this I don't see how this could happen. No real names will be used but places are real.

Friend (let's say Sam) is married in FL and had some kids. One of the kids is born with autism. Several years later there is a divorce and mom and kids move to Connecticut (CT). Sam makes good money and is told to pay child support and alimony, also 401K and retirement is divided in half. Alimony is ordered because mom stopped working when she was married, and also needs to take care of handicapped child (let' say Penny) which is also the youngest. This all happened around 1997. Sam gets another job in another state and has been paying all that has been required by CT courts. To add more, Sam is no longer allowed to see Penny because mom wants it that way (a mommy dearest type).

Here it is years later, Penny is 18 almost 19, no longer in school and working part time at a store in CT. Penny still needs some looking after but only minimal, let's say equal to about 8 to 10 years old. Mom still wants Sam to pay child support because she still doesn't have a job and may lose her house because she is not working, and will add mom has never tried. CT judge says according to FL he will now require Sam to pay so long as he has a job or has an income. From what I have read up on FL law it all ends at 18. My thought is that CT is low on funds like every other state, and the judge doesn't want the state to pick up the tab.

I have told Sam to talk to an attorney in his state which he did. He was told to have CT try to impose their child support judgment in his state. He is pretty sure CT would not spend the funds to do so and also the judgment would have to meet his current state laws. Sam has always wanted to take care of his kids, but this is into taking care of the ex forever. This is one of those believe it or not stories. Get a divorce, divide everything in half, and have to pay for the rest of your life for your child.
 

Starcraft5834

Lieutenant Commander
Joined
Jun 2, 2013
Messages
1,677
Re: How Many Thought Child Support Ended at 18 or 21

Sam's safe.. lets assume CT court tells Sam to pay, he's in FL. lets say a warrant is issued for failure to pay child support in CT, there is no interstate compact agreement on extradition of domestic relations/child support warrants........that's why his attorney said what he did......."lets see CT try to inforce in FL" they cants and wont........ As long as Sam does not travel to CT, he's good,,,,,,choa...
 

alldodge

Moderator
Staff member
Joined
Mar 8, 2009
Messages
40,751
Re: How Many Thought Child Support Ended at 18 or 21

That's what I was thinking, the thing that appears to be so sure real is how a judge could even try to say it is legal. Even his attorney in CT said CT law stops at 18. Just don't get how a judge could even attempt such a thing
 

Starcraft5834

Lieutenant Commander
Joined
Jun 2, 2013
Messages
1,677
Re: How Many Thought Child Support Ended at 18 or 21

That's why appeal courts are there....;)
 

Scott Danforth

Grumpy Vintage Moderator still playing with boats
Staff member
Joined
Jul 23, 2011
Messages
47,547
Re: How Many Thought Child Support Ended at 18 or 21

Having going through a divorce from Satan herself, all I can say is talk to a laywer. then "Sam" may want to file a motion to terminate child support. the ex will need to prove why its needed
 

dingbat

Supreme Mariner
Joined
Nov 20, 2001
Messages
15,500
Re: How Many Thought Child Support Ended at 18 or 21

Let me get this right, Sam is father to an autistic that will need support the rest of her life.

He wants "his" responsibility as a parent of an autistic child to be terminated because he has issues with his ex? Sounds like he's putting the well being of his child at risk to punish his wife.
 
Last edited:

Starcraft5834

Lieutenant Commander
Joined
Jun 2, 2013
Messages
1,677
Re: How Many Thought Child Support Ended at 18 or 21

Responsibility and "legal responsibility" are at times two completely different things..........
 

dingbat

Supreme Mariner
Joined
Nov 20, 2001
Messages
15,500
Re: How Many Thought Child Support Ended at 18 or 21

He is morally responsible for the child the rest of its life..call it what you want.
 

alldodge

Moderator
Staff member
Joined
Mar 8, 2009
Messages
40,751
Re: How Many Thought Child Support Ended at 18 or 21

Now don't twist this into something it's not. Sam will take care of his child, but does not want to take care of his ex. Once a person reaches the age of an adult the parent no longer has legal responsibility for the child. There is nothing wrong with a parent continuing to take finical responsibility for up keep, but there is no legal responsibility. Sam would have no problem if the child wanted to come live with him, but mommy says no. Sam has gone through the court system and now the state and federal system should take over where needed. Mom is getting social security money to help, she just want's more. The court does not want to burden the state, so I'm thinking.

This is only an issue of CT having Sam pay child support after reaching adulthood.
 

avenger79

Lieutenant Commander
Joined
May 5, 2008
Messages
1,791
Re: How Many Thought Child Support Ended at 18 or 21

first Sam has to petition whichever state has set up child support in order to stop it. if the mother is always taking action they will not stop it until he petitions to stop it.

second I would not just stop paying it. as far as I know they cannot come after you for alimony but for child support I believe they can come after you in any state. it is not worth the legal issues he will have if they come to get him.

I don't think the petition requires an atty to file but it probably wouldn't hurt. I had a friend who went through this as well. everything went his way as soon as he took the offensive instead of waiting for her next shot. legally he has fulfilled his requirement.

again I am not an atty, but my friend went through it. so take it for what it's worth.
 

WIMUSKY

Moderator
Staff member
Joined
Sep 26, 2009
Messages
19,798
Re: How Many Thought Child Support Ended at 18 or 21

Sam needs to stay in contact with his attorney and work it out.

As with many who look for legal advice on forums, it is strongly recommended that they don't....... We're boaters, not lawyers(at least most of us)....
 
Last edited:

Fishing Dude too

Lieutenant Junior Grade
Joined
May 13, 2011
Messages
1,035
Re: How Many Thought Child Support Ended at 18 or 21

Know a guy who just got nailed till said child is 25, so it may never end child has leg braces. Not to mention the IRS does inforce it
 

Outsider

Lieutenant Junior Grade
Joined
Apr 24, 2007
Messages
1,022
Re: How Many Thought Child Support Ended at 18 or 21

This is only an issue of CT having Sam pay child support after reaching adulthood.

No, it's an issue with Sam having been ordered by a sitting judge to pay support for an adult child who is disabled, and has been all her life. If the child, now of adult age, requires the care of a 8-10 yo, and Sam is the only one with pockets, it's a no-brainer. And if CT issues a warrant, Sam may well get arrested by whatever LEO ran him through the system, and detained if CT puts an extradition hold on him. Age (in this case) is likely irrelevant, and SAM is still on the hook ... :facepalm:
 

Starcraft5834

Lieutenant Commander
Joined
Jun 2, 2013
Messages
1,677
Re: How Many Thought Child Support Ended at 18 or 21

nothing wrong with debate... anyone can petition the court, one does not have to be an attorney.. the federal tax return grab is true...I was speaking of warrants and jail.. those warrants are NOT extraditable... period... Im not suggesting state boarder hoping be done to avoid child support payment,, it simply ocurrs all the time.... can you image is those warrants became extraditable? trust me.. transporting local authorities would have to triple staff..
 

Starcraft5834

Lieutenant Commander
Joined
Jun 2, 2013
Messages
1,677
Re: How Many Thought Child Support Ended at 18 or 21

folks,, you need to understand child support warrants are "civil" in nature, not "criminal", rules differ. That's why one is filed in civil court and the other criminal............the police will not bother Sam on a civil warrant,, it's not their job to do so...
 

Starcraft5834

Lieutenant Commander
Joined
Jun 2, 2013
Messages
1,677
Re: How Many Thought Child Support Ended at 18 or 21

out of state civil warrants that is.........
 

Starcraft5834

Lieutenant Commander
Joined
Jun 2, 2013
Messages
1,677
Re: How Many Thought Child Support Ended at 18 or 21

maybe they can transport Sam on a boat up the coast? :joyous:
 

alldodge

Moderator
Staff member
Joined
Mar 8, 2009
Messages
40,751
Re: How Many Thought Child Support Ended at 18 or 21

I like the discussion, some though out, some not so much. Not that it will change anything, but in my original post I mentioned Sam moved to another state. Now there are 3 states, just never mentioned which state he went to.
 

Starcraft5834

Lieutenant Commander
Joined
Jun 2, 2013
Messages
1,677
Re: How Many Thought Child Support Ended at 18 or 21

welcome to the wonderful world of custody.......and the "issues" it brings..
 

bajaunderground

Lieutenant
Joined
Apr 18, 2008
Messages
1,401
Re: How Many Thought Child Support Ended at 18 or 21

I gathered from the story that Sam was only trying to unravel the ex's fingers from the daughter's care funds that come from him. I can appreciate that.

My advice is to keep the funds available for Penny's care, put it in a savings account, bond or trust. I understand not wanting the filter of paying through the ex-wife. At least this way he can show his intent of his actions were not to deprive Penny of her needed support, but rather to un-tether them from ex's living expenses...There are court appointed advocates that can over-see the financial needs without the funds going to the mother...maybe contact the courts and see what's available?

When and if Penny needs funds it would be made available too her!
 
Top