How do we stop child support on an 18 year old that has moved in with us?
My 18-year-old step-son has moved in with us and he still has 1 year left in high school, so 1 year left on a child support order. The clerk of the court told us the paperwork was 50 dollars (that’s fine), then tells my husband that if we do not fill it out using the correct legal terms that they will just throw it out. So we will still be paying on an 18-year old that we are supporting. It should not be this difficult.
You will need to file a motion with the Court alleging that there has been a material change of circumstances since the last child support order, specifically that the child is now living with the Obligor and therefore the Court should modify its previous child support orders. It would be a good idea to include in the motion that the Obligor does not suffer any arrears just to ensure that it won’t be an issue later, and of course, you can allege that the other parent should now pay support.
If the other party is agreeable to the modification, both parents can sign an agreed order to present to the Judge — which would make the process much easier and less expensive.
And if your ex agrees with the modification and will sign papers, the $50 filing fee to reopen the case is waived by the Court. If you want to be sure that the modification is signed by the Judge easily, an experienced family law attorney can help you for a very reasonable cost.