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Author Topic: Having an order changed due to child turning 18yrs of age.  (Read 14928 times)

OPfamilyof5

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Having an order changed due to child turning 18yrs of age.
« on: April 01, 2013, 02:22:11 AM »
I have never posted to threads, but was getting some conflicting information from my ex-wife & a friend said this website is wonderful. To provide you back ground on my circumstances…
In 2007 my ex-wife’s alimony ended & she hired an attorney to obtain additional child support. The order was modified in Oct. 07.  At the time the % between incomes was 70% (me) & 40% (ex-wife).  Ex was paying $300/mo in work related childcare for our youngest daughter & monthly health/dental insurance of $200 for both girls. Our attorney’s negotiated a 15% discount to my support order due to the 50/50 share of physical custody/time.. They each have their own room/closet full of clothes, shoes, make-up, haircuts, expensive acne cleanser treatment & so-on & so-on etc. that my wife and I provide at my home & the clothes/shoes makeup etc all go back/forth between houses. They pack lunches daily so I am providing 50% of that as well.  I paid for 100% of my eldest child’s car, ex said she had no extra money to assist.
During our marriage we had college funds designated for each child. At the time of our divorce it was agreed in the decree that we would continue to fund these accounts with a specific monthly amount (increasing the mo. amount $10 each new year). When each child turns 18 & graduates HS then any child support for that child will cease regardless if that child is in college. The child’s individual college fund will then be used to support that child during school; both parents must sign/off to remove funds from account.
My oldest graduates in a few months from HS. My ex has been in contact with attorney & said that KS will automatically recalculate the child support. She stated that KS will mail us information in the coming months: Is this true?
Since 2007 some items original figured in the support have changed. We have both had salary increases. I have remarried in late 2007 & now have a 2yr. old with my current wife.  There is no longer any work related daycare expenses incurred as the youngest we share custody of is now 13.  To save my ex some money each month the last year I have been carrying the health care coverage for both daughters, but still funding this in child support as well. She provides the $22/mo (11/per kid) total cost of dental coverage still.  I have the following questions:
1.   Will KS recalculate without us prompting a recalculation through our attorney’s?
2.   If the answer to #1 is YES:  Will KS ask for our W2s or 2012 filed tax returns (or both?)
3.   Will my new wife’s income be included in the support order? Our taxes are done jointly & my wife does not want her income figures disclosed to my ex, she feels this is private and is no-one’s business what she earns annually.
4.   If 2012 filed taxes are required is there a way to provide the required tax information without providing my wife’s personal info. such as SS#, DOB, wages etc. which are all printed on our filed tax returns?
5.   Would the new order take into account the current 15% credit I receive for 50/50 split or will I have to hire an attorney to have this factored in?
6.   Would the new order take into account I now have a 2 yr. old daughter.
7.   Would the new order take into account there is no longer work related childcare expenses of $300/mo?
8.   Would the new order take into account that I am providing the medical health care & she is only providing the dental? Medical healthcare for 1/dependent runs me $100+/mo.  Dental is costing her $11/mo for 1 dependent.
Additional info: Anything outside the support order I have paid my % immediately either refunding her the funds or providing them directly to the dr’s etc.. When my youngest needed braces my % was 70, but I paid close to 90%, the same went for my daughters Drill Team expenses, ACT tutors etc.  I have tried the last 5 yrs to go without extra’s so I could pay more to help her out and asked her to save the money for when the support decreased she would not find herself in a financial dilemma.  It was insinuated recently that she feels she needs more support to maintain her standard of living when my oldest graduates. I feel shocked by this given all along I have tried to help where I could. She told me that KS does not care that I now have a baby & when the state recalculates they will not look at any of the factors I listed above—only our new salaries, is that true?
I hate confrontation. I feel it should be pretty cut/dry and not require attorneys again; we can’t be the first divorced couple to come across the issue of 1 kid dropping off the support order?
If you could answer my questions when you have a free moment or offer me any insight it would be greatly appreciated, I know it’s a lot of questions- apologies. Thank you.
Respectfully,
AST
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Guru

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Re: Having an order changed due to child turning 18yrs of age.
« Reply #1 on: April 07, 2013, 12:06:21 PM »
OPfamilyof5,

Thanks for joining us.  I'll do my best to answer your questions below.

1.) To my knowledge, chid support can only be changed upon motion of one party (or their attorney of course).  Have you ever had child support enforcement involved in your case?  If so, the court would have the Kansas dept of Children and Families file the motion.  I'm not saying this has never happened, but I don't believe child support can be "automatically changed as you stated.  A motion must be filed.
2.) The opposing attorney will ask for w2s and income info if a motion is filed, but they can also request them at any time.  BUT you can and should do the same thing.   All is fair, so you should be provided with your ex's income info.
3.) your wife's income will not be included.  With regards to a joint return, you can simply object to the request in writing (send it certified mail return receipt) stating that you will  gladly provide your info, but you should black line all of your wife's info and then make a copy of it.
4.) see #3
5,6,7,8) I think your child support is completely wrong and you are getting hosed.  You should not be getting a 15% adjustment, you should be using the shared custody formula.  Your attorney has not been doing his/her job.  You should be using the Multiple Family Adjustment for your 2yr old daughter.  Search around this site for info on that.  You also should not have to pay child support for your 18yr old unless you really want to or unless you've agreed to already.  They court cannot make you pay after the child is 18 unless it was ordered in the divorce decree.  A new order which was last reviewed in 2007 would be  a complete review  of all  parameters.  Daycare would be removed if it no longer applies, insurance would be calculated again, and you should be put on the shared custody plan.

Sounds liked you've tried to be a nice guy and an open wallet.  That all sounds great, but the courts seem to either hang you out to dry for underpayment or for overpayment.  Once you start overpaying, the court may try to say you've "traditionally paid."  Child support will not just change without a court order.  If you're fine with whatever happens, you could just agree to the motion your ex is about to file and avoid the confrontation.  But if you'd like to make things fair, you will need an attorney who knows what fair is.  If your daughter is 18 and will graduate in May, you should be preparing a motion to be heard about 1 week after graduation to remove her from CS and readjust for your other daughter.
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bcme

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Re: Having an order changed due to child turning 18yrs of age.
« Reply #2 on: July 10, 2013, 05:15:08 PM »
Just recently went through this.  My son turned 18 and greaduated in June.  The Kansas Payment Center issues a notice that my child support would be cut in half at the end of June.

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Guru

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Re: Having an order changed due to child turning 18yrs of age.
« Reply #3 on: July 10, 2013, 10:31:34 PM »
bcme, I believe that might be because your order contained language such as "child support shall continue until the child reaches 18 years of age or until June 1 of the child's 12th grade school year."  If an order does not contain this, there is effectively no order to stop child support, so it would continue as far as I am aware.  Thanks for posting your experience.
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sportsnbikes

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Re: Having an order changed due to child turning 18yrs of age.
« Reply #4 on: July 26, 2013, 02:22:48 AM »
I thought that support continued if the children go to college?  Maybe that isn't the law in Kansas?
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KTM

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Re: Having an order changed due to child turning 18yrs of age.
« Reply #5 on: August 03, 2013, 09:43:59 AM »
I am not an attorney as some who give advise her are. However....

It is my understanding from multiple direct conversations with the Kansas Payment Center, responsible for the collection and tracking of Child Support Orders, that every case where a child is in their 17th year of age is automatically reviewed based upon the child's birth date established in the Child Support Order.

A tally of support paid to date vs. amount Ordered will be calculated. Support will be terminated based upon the amount paid vs. due until the child either graduates from High School (generally in May) OR the month of their 18th Birthday whichever is later. Support may terminate in advance of that date if payments are ahead of schedule and support Ordered has been paid in full. Conversely it may continue after that date if the amount of Child Support Ordered is not paid in full and remains to be collected.

Child Support due is a calculated amount due based upon what the Court Ordered to be paid from the time the Order was filed generally on a monthly basis. This amount is cumulative. There is no expiration date on the total amount due. It can be viewed as a debt. No matter how much you pay in advance or in arrears the total amount is due no matter if you finish the payments when your child is 10 years old or 20 years old. The majority of people will not pay ahead of the payment schedule for a variety of good reasons. But, the system allows for the amount to be paid ahead of your child's being out of the system.

Kansas Law only provides support until the child either graduates from High School (generally in May) OR the month of their 18th Birthday whichever is later unless agreed upon by both parents in writing and filed with the Court. I do not believe the Courts have legal discretion after the child ages out of the system.

Only a written agreement between the parents would allow support to continue past the legal limit and I would be surprised if the Kansas Payment Center or the Courts would be involved with collection or processing of that money. I would think not. Breaking of that agreement and collection of the money would likely fall to a Civil Court Small Claims Judge. I also do not believe that this type of agreement would be viewed by a creditor as a judgement against you or liability. But, instead it would be a private contract unless there was a dispute followed by a judgment issued by a Small Claims Court.
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KTM

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Re: Having an order changed due to child turning 18yrs of age.
« Reply #6 on: August 03, 2013, 09:53:47 AM »
OK. Having noted what happens when one child turns age 18 I will now comment on what may happen with the additional remaining children and Child Support due.

I am not familiar with this part of the process so Please let us know what has happened in your case.

I believe that the Kansas Payment Center will notify both of you and the Court that a Child has aged out of the system and your Child support will need to be modified (generally lower) under the current guidelines for the remaining child(ren). It is likely they have a process that allows for it to be done without involving attorneys if you both agree. This would help to save Court resources.

I suggest you at least consult with an attorney to determine what is best for your family and your pocketbook.
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