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Sep 07
2009
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Ask a Lawyer: How to get the support to stopPosted by: Dads Divorce on Sep 7, 2009   |
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Question:
I live in Missouri. My divorce is over 10 years old. I have joint custody and have my wages garnished to pay $600.00 per month. There are three boys on this order. The oldest moved in with me when he was 18 until he turned 20. He attempted to go to College but has now turned 21, lives on his own, supports himself etc. His $200.00 per month continues to go to his mother, who doesn't support him. Since the original order is a general order not specifying an amount per child, how do I get the court or DFS to stop garnishing the full $600.00 per month? Soon the second child will be 21 as well. Do I have to pay the $600.00 per month until the youngest is 65 or what? The order doesn't seem to have any cut-off time. Does the state not have any laws about this? I have faithfully paid over $80,000.00 in the last ten or so years.
Answer:
If there is no specific breakdown per child then the full amount will continue to be withdrawn as child support. You may want to check what your current child support obligation would be before you seek to have a more specific order put in place. Based upon the length of time since your order was entered, most likely your child support would be more than what you are currently paying. Please check that information first. As far as the cut off, it is 22 if the child goes to college full time. If not, then 18 or high school graduation.
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