Jurisdiction

[Stiper2]

What is the name of your state? CO
My daughter currently lives with me under court orders. She will be turning 18 soon and won't graduate until she is almost 20. She wants go back and live with her mother in South Dakota when she turns 18. Even tho the court order says she lives with me until she is gradutated from high school does the turning 18 make this court order void? Then if she does go to South Dakota which state now does the child support rules apply? Jusrisdiction is in CO. In which I believe it is until the age 19 or graduates.

 

[BL]

When she is 18 she is free to move to Timbuktu if she desires .

She is considered an Adult , except for child support purposes .

Whether you will start having to pay child support or not depends on if she's in school or not , I suppose .

A modification would have to be filed .

 

[Stiper2]

Which state would have jurisdiction? The one where the original custody papers were drawn up at or in South Dakota? Anyone know what child support laws would be valid if she does return to SD? Just because a child turns 18 doesn't exactly mean they are capible of making wise choices for themselves. Especially when there is an emotional disability involved?

 

[Bloopy]

Are the orders from Connecticut?

When your daughter moves to South Dakota Mom should file to domesticate the order in South Dakota. This will at least get her out of paying you CS.

I don't know if she would be entitled to CS from you if the child is attending high school. If SD would be simply adopting the existing CS order, reversing your roles then yes. It's a bit sticky.

 

[Stiper2]

No, the orders have been in Colorado since the divorce. Her mother is manipulating her to come back up to South Dakota even tho the court orders say she remains with me in CO until she graduates. There alone she is in contempt...But what would a judge due with that at her age? My daughter has a few emotional problems/disabilities not to exclude she has the demeanor of a 8 yrs old and she actually is 17. Thats why I was asking if she would be allowed to make those decisions for herself with these disabilities. She couldn't get along with her mother thats why she lives with me for the past 4 yrs.But she has the grass is greener syndrome again and wants to move. She was failing school terribly up there and is doing remarkable here. I hate to see her make a move that would take her back a few steps. Its bad enough she won't graduate until shes almost 20.

 

[majomom1]

Which state would have jurisdiction? The one where the original custody papers were drawn up at or in South Dakota? Anyone know what child support laws would be valid if she does return to SD? Just because a child turns 18 doesn't exactly mean they are capible of making wise choices for themselves. Especially when there is an emotional disability involved?

Isn't CO - Colorado? As long as you are still living there, I believe it will remain there regardless of who pays whom the support.

What grade is your daughter in? Does she plan on attending college?

I think it would really behoove you to talk with Mom... Making this change now could be a huge mistake. She doesn't need to mess up her education. Daughter may not realize the full scope of that, but Mom should.

 

[Stiper2]

Let us not forget she neglected her medical needs and cancelled the health insurance for her and kindly fogot to tell me about it until I went to take her to a doctors appointment. All along I was paying her half of the insurance premium but there was no policy in force for 3 yrs. The court had a field day when they got wind of that and made her pay the 3 yrs premiums back to me.

 

[Bloopy]

Isn't CO - Colorado?

oy vey

I really thought OP wrote CT

 

[Bloopy]

Let us not forget she neglected her medical needs and cancelled the health insurance for her and kindly fogot to tell me about it until I went to take her to a doctors appointment. All along I was paying her half of the insurance premium but there was no policy in force for 3 yrs. The court had a field day when they got wind of that and made her pay the 3 yrs premiums back to me.

Sucky, but not relevant to this problem. It’s obviously been addressed and sanctioned in court.

There is no point in discussing on this board who Daughter SHOULD live with. The issue is that you cannot force the issue once she turns 18.

If you and Mom could get on the same page, you’d have some leverage over Daughter.

 

[Stiper2]

My daughter is a Sophomore this year. My x of 14 yrs has been nothing but a pain in the you know what. She decided to move away from CO after the divorce. I didn't stop her and that was my first mistake. Well, actually I had allowed a temp move to California, then she decided to move back home which is SD. Which made visitation hard but I managed. Now that the shoe is on the other foot for her she doesn't have much to do with her daugher other than summer vac and x-mas break, other than that she doesn't visit her. She demanded that I take her off her hands 4 yrs ago becausee she couldn't handle her anymore. Now she thinks she wants her back up there after I have straightened the child out a little. Be on the same page???I will never be able to do that...she refuses to communicate with me. All she can see is a heafty child support payment from me if she moves back up there....Shes never had our daughters welfare at heart. Thats the reason her and her new boyfriend that can't seem to make ends meet want her.

 

[Silverplum]

Others may not remember you, but I do. You're a CO poster who DELETES HIS THREADS AFTER HE GETS ANSWERS. You even changed your ID after your first go-round.

You've already had a whole thread on this very topic. I answered and gave you law links. Then you deleted it.

 

[Stiper2]

Guilty as charged. Hope that makes your day! I only deleted once after the Wrath OF Silverplum hit. Just maybe someone new is here and is going through the same **** I am.
Thanks for your kind words.

 

[TinkerBelleLuvr]

Have you spoken with an attorney about this?

At 18, they are adults.
The courts can't order 'custody' anymore.
Therefore, can they order child support to the other parent if they can't technically modify a custody order?

 

[LdiJ]

Have you spoken with an attorney about this?

At 18, they are adults.
The courts can't order 'custody' anymore.
Therefore, can they order child support to the other parent if they can't technically modify a custody order?

They can in my state (CS goes to age 21). I have no idea if its possible in other states, but its not outside the realm of possibility that it is.