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Understanding Child Support in a Divorce Decree?

Our divorce decree states that the father pays $2300 a month in child support of minor children until the youngest reaches age of 18. No where does it say it decreases as each child reaches 18. It only states he pays that amount until youngest is 18. As each child once 18 will spend 4-5 years in college and can't support themselves or pay their car insurance and car that I have pay for. Please clarify?

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Bronze Feedback Medal for All Time! 196 Feedbacks
September 19, 20190 found this helpful

I feel bad you are going through this.

To get the correct answer, you will need to talk to the person/lawyer who drew up the decree to get the true meaning. I don't think anyone on any social media site can answer this except to guess and that would not be cool.

Post back what you learn! Prayers for you and your kids!

 

Gold Post Medal for All Time! 677 Posts
September 19, 20190 found this helpful

Divorces are negotiated. It must be agreed that the father will pay for college. It is not mandatory. Talk to your lawyer.

 

Gold Feedback Medal for All Time! 949 Feedbacks
September 19, 20190 found this helpful

I believe you may just be splitting hairs but the only way you will be able to clarify this to your satisfaction will be to take the degree back to court for review.

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As a general rule most support decrees stop payment when a child reaches 18 but some state until the child graduates from high school (just as Social Security benefits state).
Any other conditions must be stated in the decree but if your husband is financially able to help with the children's college then you should take it back to court and ask for the support to be continued.

Of course, this is something that should have been set up when the divorce was filed so it may be too late to make these demands.
I do not know how many children are involved but you may be able to keep the support payment from dropping drastically.
There actually should have been a notation as to how much the support payment would drop as each child reached 18 years of age.

An attorney may be expensive but I would suggest you take your divorce papers and ask for a free consultation to see if it would benefit you to return to court.

 

Bronze Post Medal for All Time! 105 Posts
September 22, 20190 found this helpful

I would really talk with your lawyer about this and clarify the terms of the agreement. It does sound like you will receive child support the X number of years at the set amount of money. Your child support will end when your youngest child turns 18.

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it is best to make sure this is how it works then you'll know for certain how much money you'll receive each month and how long you will receive this money.

 

Bronze Post Medal for All Time! 140 Posts
September 22, 20190 found this helpful

Keep in mind that the father at any time can go to court also and have this changed! He can also be awarded a judgement to have it changed after each child turns 18, along with a decrease.Example if you have a 2 year old and 17 year old,meaning the 17 year old would get child support at almost 33 years of age, because of a younger sibling!Communicate with him,so you will not be surprised!

 
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