Paying support for child that graduates?

[mdee]

I've been paying child support for my 2 sons for 7 years, "faithfully". I even agreed to pay for more than the court order to keep peace, to which I almost regret. But my eldest son graduated in May and hes 18 (and he did not enroll in college nor trade school). Since then I started paying "Half" of the child support amount. My ex-wife now has filed papers with Child Support/Advacate, saying I need to pay the full amount until my younger son graduates. Child Advocate is reinforcing the support order saying theres no 'new' order so I have to pay the full amount, now my wages are being taxed for back support for the 'full amount'. I'm aware of getting a re-evalution on our income- to have it adjusted accordingly but the law states once a child is 18 & graduates, support for that child ends. Theres so many dads not paying support and I have endured 7 years of my ex trying to get more $$ and while I have paid faithfully. This does not seem right nor LEGAL. Any advice? Do I need an attorney? (live in WV). I am filing for a re-evaluation but they said it could take 8 months... HELP

 

[jharris352]

I would first check your divorce decree. It should outline your child support order the duration of which would be until a certain date, usually the graduation of the child. I do not know the laws in WV and I'm not going to research them because that is beyond the scope of our little group here. I would contact an attorney if the 8 months of extra child support is really a lot. There should be an emergency hearing or something that can be done. This isn't a normal re-evaluation. This is probably something written into the code, or into your divorce decree, or something that you can get declarative relief for. Good Luck. You paid your share, it's not fair to make you pay the ex-when the kid isn't there.

 

[BayState]

I've been paying child support for my 2 sons for 7 years, "faithfully". I even agreed to pay for more than the court order to keep peace, to which I almost regret. But my eldest son graduated in May and hes 18 (and he did not enroll in college nor trade school). Since then I started paying "Half" of the child support amount. My ex-wife now has filed papers with Child Support/Advacate, saying I need to pay the full amount until my younger son graduates. Child Advocate is reinforcing the support order saying theres no 'new' order so I have to pay the full amount, now my wages are being taxed for back support for the 'full amount'. I'm aware of getting a re-evalution on our income- to have it adjusted accordingly but the law states once a child is 18 & graduates, support for that child ends. Theres so many dads not paying support and I have endured 7 years of my ex trying to get more $$ and while I have paid faithfully. This does not seem right nor LEGAL. Any advice? Do I need an attorney? (live in WV). I am filing for a re-evaluation but they said it could take 8 months... HELP

You must follow the court order until a new support amount is ordered. What you should have done is filed for a modification based on the emancipation of your son back in May.