stepma31
New
Reged: 12/21/07
Posts: 5
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My husband's ex tried to take hime to court for going against their divorce decree when he stopped child support for one child who joined the military at 17, which according to the decree he was within his rights to do so. So, they agreed on a set amount of child support for the remaining child. We recently received the paperwork from her lawyer and there was a part added that goes against the divorce decree, namely the part about child support would stop under certain circumstances, ie the child turns 18, marries, joins the military, or dies. She is trying to add that when the child turns 18 or graduates from high school,whichever comes LAST because the remaining child will be almost 20 when he graduates because she held him back twice without discussing it with my husband. Can she do that? What can we do?
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saamrodi
Platinum
Reged: 06/14/07
Posts: 2857
Loc: here
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[quote]We recently received the paperwork from her lawyer and there was a part added that goes against the divorce decree, namely the part about child support would stop under certain circumstances, ie the child turns 18, marries, joins the military, or dies. She is trying to add that when the child turns 18 or graduates from high school,whichever comes LAST...[quote]
I dont know. I would assume that the original decree will be upheld meaning that CS will be stopped when ONE of the situations comes FIRST. It varies from state to state on certain things though so Im not sure where this would go with the one still in school at age twenty, will go in court unless there is irreputible proof that the child absolutely needed to be held back.
List your state, what the original decree says, and details on the child being held back for the others on here to reply.
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"A man must not deny his manifest abilities, for that is to evade his obligations." ~W.F.~
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Samsung
Platinum
Reged: 06/14/07
Posts: 1874
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"She is trying to add that when the child turns 18 or graduates from high school,whichever comes LAST"
This is standard language for Arkansas, and it will most likely overide your decree anyway. I would check with a local attorney to make sure.
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saamrodi
Platinum
Reged: 06/14/07
Posts: 2857
Loc: here
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Samsungs right hun.
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"A man must not deny his manifest abilities, for that is to evade his obligations." ~W.F.~
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