Among the Ask a Divorce Lawyer questions answered today by Cordell & Cordell attorneys:
- If we come to our own agreement on child support, do we have to adhere to the state's guidelines?
- Does going to a few GED classes mean I have to keep paying my daughter's child support? And if she moves out, do I pay support to her or her mom?
- If my lawyer submits a direct appeal to a child custody ruling, do the orders prior to the ruling still stand?
Question:
If my ex-spouse and I agree on who pays and how much for child support, can we make an agreement without having to adhere to California's state guidelines for child support?
Answer:
First I must preface my answer that I do not practice in California. Each state has different laws governing child support. It is important that you contact a domestic litigation attorney licensed in California prior to taking any action.
Different judges handle matters different ways. You may be before a judge that will make you adhere to the child support guidelines. It also depends on whether or not an agency that oversees the welfare of the child is involved. These agencies almost always make the parties adhere to the guidelines. If a third party agency is not involved you and your spouse may try to reach an agreement that does not meet the guidelines but understand a judge may look at the agreement and not sign off on it. Unfortunately, there is no clear cut answer.
Question:
I have a daughter who will be 18 in April and has dropped out of school and is pursuing her GED. My child support order says I have to pay support until she reaches 18 or age 20 if she's still in secondary school or gets emancipated. Does going to a few GED classes qualify as secondary education? Also, if she's still pursuing her GED and moves in with her boyfriend when she turns 18, would I have to keep paying support, and if so, to whom? The mom or my daughter?
Answer:
First I must preface my answer that I do not practice in Minnesota. Each state has different laws governing child support. It is important that you contact a domestic litigation attorney licensed in Minnesota prior to taking any action.
Each state has specific guidelines in place governing child support. These guidelines will also define what type of education is secondary for purposes of child support. As a party to this agreement you have a right to petition the court to modify payment. All of the above facts could be used in your favor as evidence to show why your support should be reduced or wiped out.
Child support is by definition payments to the mother (in this case) to support your child. If your child is no longer living with her mother then you may be able show that support is no longer needed. All of the factors that you listed in your question would be addressed by a judge in your jurisdiction in accordance with the Minnesota Child Support Guidelines.
Question:
If my lawyer submits a direct appeal to a child custody ruling, do the orders prior to the ruling still stand?
Answer:
I must preface my answer that I do not practice in Georgia. However, Cordell & Cordell has many attorneys licensed and located in Georgia who would be happy to help you. Each state has different laws governing dissolution of marriage. It is important that you contact a domestic litigation attorney licensed in Georgia prior to taking any action.
Each state has Rules of Civil Procedure that govern how litigation works. In almost all jurisdictions an order that is currently in place will remain in place until a subsequent ruling changes the existing order. An appeal of an order that is currently in place does not change that order. In your case, the prior orders remain in place despite an appeal on your behalf. These orders will remain in place unless the court grants an order that changes the prior orders. Filing an appeal does not change orders that are in place. Only a subsequent order can change an existing order.
Steven “Lee” Akins, Jr. is a Staff Attorney in the Memphis, Tennessee office of Cordell & Cordell, P.C. Mr. Akins practices exclusively in the area of domestic relations. He received his BBA in Finance from Southern Methodist University and continued his education to receive his Juris Doctor from Texas Wesleyan University.
