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You are here: Experts > Parenting/Family > Step-Parenting > Family Law (Divorce, Family Relations) > Divorce: CHild support after the age of 18
Expert: Jeff Laatsch - 10/22/2009
Question
Good Morning,
I will try to explain this the best i can without rambling!
My husband is currently paying child support for his 2 children who are now 20 and 23. His ex claims he never paid when they were minors. There was a hearing, my husband was given the wrong date by the mediator and so he wasnt present, therefore the judge ruled in her favor and made him pay her attnys fees. My husband (self represented) requested that the judge please hear his side and explained the error and was denied. So even though he has proof he paid, he is stuck now paying her every month for kids that are grown! One attny we consulted with told us we could open our own case and file something but didnt clearify and we dont know what to do. We cannot afford a retainer. Is there a petition or motion we can file? Should it be a new case or stuck onto the one she has opened already?
Thank you so much!
Kim
Answer
Kim:
DISCLAIMER:
I AM NOT A LAWYER or ATTORNEY. I am someone who has experience with family law issues, and am sharing my OPINION only. For the exact law as it pertains to your specific case contact a Professional Attorney in your area/county/country.
Because of the complexity of this case, I recommend hiring a Professional Attorney: Most Attorneys offer 1/2 free consultation time to discuss case and payment options.
Once hired work with attorney to work out the issues you have mentioned: However, good luck trying to get back such things as 'Attorney fees'.
HOWEVER, work with Attorney to review legal paperwork prior: Divorce, Child Support Order, Parenting Plans, etc: Look to see a clause in paper work that states empicitly that when child reaches age of 18 years of age: AND Mom does not petition the court to extend period: Child support is terminated.
Kind Regards,
Jeff
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