18yo - Support Of

[gml659]

What is the name of your state? WA.

re: Parenting Plan:

3.13 TERMINATION OF SUPPORT. Support shall be paid until the children reach the age of 18 or as long as the children remain(s) enrolled in high school, whichever occurs last, except as otherwise provided below in Paragraph 3.14.

3.14 POST SECONDARY EDUCATION SUPPORT. The right to petition for post secondary support is reserved, provided that the right is excercised before support terminates as set forth in paragraph 3.13

My Son turned 18yo in February 2007. He was scheduled to graduate June of 2007. He basically flunked a grade while attending "alternative" programs such as "running start", "head start", alternative DIY at home schools...wasn't the programs fault. He is a smart kid but very lazy and his Mom takes a "hands off" approach with him. He is behind due to this laziness and not due to disabilities.

The program he is in now, as far as I know, is "Head Start". Talking to his counselor in vague generalities (I can't access his records) he can get an Associates Degree BEFORE he gets his High School Degree. (I guess the "deal" with this is as long as he doesn't have a HS Degree the state gives him free books....not that I care). What I DO care about is that I might be supporting this Adult, for who knows how long, as he gets his Associates Degree FIRST and THEN his HS Degree. Last I heard he MIGHT be done with both in December of 2007.

Q's:

Since he is not in a "High School" and over 18yo do I have to pay for him? The program he is in he CAN get a HS degree but it is not a High School.

He is "off" for the Summer. Do I owe support?

Can I not pay in lew of getting his records? I don't even know how he is doing in the program.

How would the Court look at this? This is the most important question.

General comments?

GML

 

[LdiJ]

What is the name of your state? WA.

re: Parenting Plan:

3.13 TERMINATION OF SUPPORT. Support shall be paid until the children reach the age of 18 or as long as the children remain(s) enrolled in high school, whichever occurs last, except as otherwise provided below in Paragraph 3.14.
3.14 POST SECONDARY EDUCATION SUPPORT. The right to petition for post secondary support is reserved, provided that the right is excercised before support terminates as set forth in paragraph 3.13

My Son turned 18yo in February 2007. He was scheduled to graduate June of 2007. He basically flunked a grade while attending "alternative" programs such as "running start", "head start", alternative DIY at home schools...wasn't the programs fault. He is a smart kid but very lazy and his Mom takes a "hands off" approach with him. He is behind due to this laziness and not due to disabilities.

The program he is in now, as far as I know, is "Head Start". Talking to his counselor in vague generalities (I can't access his records) he can get an Associates Degree BEFORE he gets his High School Degree. (I guess the "deal" with this is as long as he doesn't have a HS Degree the state gives him free books....not that I care). What I DO care about is that I might be supporting this Adult, for who knows how long, as he gets his Associates Degree FIRST and THEN his HS Degree. Last I heard he MIGHT be done with both in December of 2007.

Q's:

Since he is not in a "High School" and over 18yo do I have to pay for him? The program he is in he CAN get a HS degree but it is not a High School.

He is "off" for the Summer. Do I owe support?

Can I not pay in lew of getting his records? I don't even know how he is doing in the program.

How would the Court look at this? This is the most important question.

General comments?

GML

Based on the bolded part above, I would say that you would have to take it back to court to have a judge determine whether or not you are to continue to pay support.

 

[Silverplum]

I'd take it to a local family law attorney -- s/he would have a knowledge of the local judges and how they might rule in your specific case.

 

[gml659]

If this were a typical case and he graduated this June (06/07) and turned 18yo in February 07 (02/07). I would assume I would just pay CHSUP until the end of June 07. No going to court....just stop paying. Am I correct?

His brother has told me he did not go to school this Spring. This Non-Attendance includes the time AFTER he turned 18yo. I assumed he was in school. I just had the CHSUP on "Auto-Pay" to the Ex's account. One attorney emailed me and said I was due a refund from the Ex if this is true.

I have asked the 18yo numerous times for his school records (re: RCW 26.09.225) and he does not send them to me. He doesn't even give his Mom the records. She doesn't care, though, as long as she get's the CHSUP she is happy.

The 18yo is NOT in School this Summer like many other "students". He has told his brother he is NOT going back to school in the Fall. I know the Court would want me to pay CHSUP if he meet the Courts expectations of resumption of his HS Diploma. What if I pay CHSUP for the Summer but he does not go back to School in the Fall? Or he registers for school but doesn't go or takes a minimal course load...like one class in basket weaving. Am I due a refund if I pay? ($932/mo)

I plan on NOT paying CHSUP in July 07. I know this would be a BIG NO-NO if the CHSUP went to a minor child (I would NOT do this if he were under 18 - order or no order). How will the Court look at this if the Ex hauls me into Court? Can I explain to them my logic pattern and not be given any type of fine? What is the worst that could happen?

thank you,

gml

 

[LdiJ]

If this were a typical case and he graduated this June (06/07) and turned 18yo in February 07 (02/07). I would assume I would just pay CHSUP until the end of June 07. No going to court....just stop paying. Am I correct?

His brother has told me he did not go to school this Spring. This Non-Attendance includes the time AFTER he turned 18yo. I assumed he was in school. I just had the CHSUP on "Auto-Pay" to the Ex's account. One attorney emailed me and said I was due a refund from the Ex if this is true.

I have asked the 18yo numerous times for his school records (re: RCW 26.09.225) and he does not send them to me. He doesn't even give his Mom the records. She doesn't care, though, as long as she get's the CHSUP she is happy.

The 18yo is NOT in School this Summer like many other "students". He has told his brother he is NOT going back to school in the Fall. I know the Court would want me to pay CHSUP if he meet the Courts expectations of resumption of his HS Diploma. What if I pay CHSUP for the Summer but he does not go back to School in the Fall? Or he registers for school but doesn't go or takes a minimal course load...like one class in basket weaving. Am I due a refund if I pay? ($932/mo)

I plan on NOT paying CHSUP in July 07. I know this would be a BIG NO-NO if the CHSUP went to a minor child (I would NOT do this if he were under 18 - order or no order). How will the Court look at this if the Ex hauls me into Court? Can I explain to them my logic pattern and not be given any type of fine? What is the worst that could happen?

thank you,

gml

You really need to file to terminate child support. Your plan might work if you are paying support directly to the CP, but if you are paying through the state you might end up racking up arrearages unless you file to terminate.

 

[gml659]

My Ex and I have Joint Custody. Long story of why I am not very close to Son. (Look for posts a few years back). This is a legal forum not a soapbox.

I pay my Ex directly. She gets an ACH tansfer from my bank to hers every month on the 5th. I have never been late.

I would assume Filing To Terminate is a fairly easy process. Does anyone know how I can do this myself?

 

[gml659]

Update:

Written to my Son (below). Sent Registered mail. His Mom got a CC on the letter sent Registered mail. Both received. I have not gotten anything back.

I suspect he did not go to school in the Spring. 18yo on 2/16/07. I have not paid CHSUP for July yet. What should I do? Can I withhold CHSUP in being that both he and his Mom are in violation of the RCW? How would the courts look at this?


Son, June 18, 2007

I have emailed you several times. I have asked you both verbally and via email for your school records.

Due to the fact you are over the age of 18, your Court mandated support hinges on the fact of whether or not you are fruitfully making progress toward your High School Diploma.

Please send me records that prove you have been enrolled, attending and passing courses that have the goal of you obtaining a High School Diploma. Something that covers all the time between now and when you last attended High School. Include cumulative credits up to now. I need something official.

Please let me know at your earliest convenience but no later than June 28, 2007.

Thank You,

Dad


RCW 26.09.225 Access to child's education and health care records.

(1) Each parent shall have full and equal access to the education and health care records of the child absent a court order to the contrary. Neither parent may veto the access requested by the other parent.

(2) Educational records are limited to academic, attendance, and disciplinary records of public and private schools in all grades kindergarten through twelve and any form of alternative school for all periods for which child support is paid or the child is the dependent in fact of the parent requesting access to the records.

(3) Educational records of postsecondary educational institutions are limited to enrollment and academic records necessary to determine, establish, or continue support ordered pursuant to RCW 26.19.090. [1991 sp.s. c 28 § 3; 1990 1st ex.s. c 2 § 18; 1987 c 460 § 17.]

 

[LdiJ]

Update:

Written to my Son (below). Sent Registered mail. His Mom got a CC on the letter sent Registered mail. Both received. I have not gotten anything back.

I suspect he did not go to school in the Spring. 18yo on 2/16/07. I have not paid CHSUP for July yet. What should I do? Can I withhold CHSUP in being that both he and his Mom are in violation of the RCW? How would the courts look at this?


Son, June 18, 2007

I have emailed you several times. I have asked you both verbally and via email for your school records.

Due to the fact you are over the age of 18, your Court mandated support hinges on the fact of whether or not you are fruitfully making progress toward your High School Diploma.

Please send me records that prove you have been enrolled, attending and passing courses that have the goal of you obtaining a High School Diploma. Something that covers all the time between now and when you last attended High School. Include cumulative credits up to now. I need something official.

Please let me know at your earliest convenience but no later than June 28, 2007.

Thank You,

Dad


RCW 26.09.225 Access to child's education and health care records.

(1) Each parent shall have full and equal access to the education and health care records of the child absent a court order to the contrary. Neither parent may veto the access requested by the other parent.

(2) Educational records are limited to academic, attendance, and disciplinary records of public and private schools in all grades kindergarten through twelve and any form of alternative school for all periods for which child support is paid or the child is the dependent in fact of the parent requesting access to the records.

(3) Educational records of postsecondary educational institutions are limited to enrollment and academic records necessary to determine, establish, or continue support ordered pursuant to RCW 26.19.090. [1991 sp.s. c 28 § 3; 1990 1st ex.s. c 2 § 18; 1987 c 460 § 17.]

Your problem with his educational records is that he is now a legal adult, therefore neither of you have access to his records if he doesn't want you to have them.

Again, I think you would be safer to pay July's support, and petition the court to terminate child support. If you decide not to pay, I would stick the money in a savings account somewhere EVERY MONTH, until you have a hearing where the judge agrees that child support terminates as of a specific date.

 

[gml659]

LDiJ,

I would tend to agree but Washington law (see ref) requires certain info to be available to the parents if they are providing Court ordered support. The PP says support until 18yo OR HS Diploma...whichever is last. After that then mother can petition for Post Ed Sec Supp (PSES), which can go to 23yo. The petition to end CHSUP is when the mother petitions for PSES if so desired....only one shot, at this time, as far as I know.

What is the worst that can happen if I withold CHSUP? Keep in mind he is 18yo, he and his mother do not give me access to his records. I have NEVER not paid the CHSUP. I have ALWAYS been on time. I will put the money in a separate account. I hate to do it but I feel like I have "just cause". Can I face some sort of punitive judgement? Bias?

GML

 

[MrsK]

Dude, the easiest and SAFEST thing is to just file in court to terminate the support. It will be easy to do this, and you can be guaranteed you will not find yourself in legal trouble later.

 

[gml659]

Does anyone know the procedure to file pro-se? WA.