Modification of Child Support

[heleneval]

Hello!
My ex. and I divorced 9 years ago. He was ordered to pay $775/mo. in child support for the children, which he has done without problem.

Now that the oldest is 18 years old and has graduated high school, he has seen an attorney to pursue a modification of child support. Based on the amount of time the remaining child spends with my ex. (over 40% of the time), the fact that we make virtually the same amount in salary, and the fact that my ex. pays the child's health insurance, his attorney has calculated that he will not owe me future child support. I don't know whether or not this is true, but my main question is this:

Based on the anticipation of not owing child support, my ex. has stopped paying child support, even though I have not been served with papers to modify the old order, and a judge has not signed or ordered anything. He feels that since our child has already graduated high school, the new child support is in effect now. Since it was estimated at zero, he has stopped paying. I think it goes into effect once a judge orders it, and until then, he has to continue paying. Who is right?

And, if I am correct that he should still be paying child support -- if he DOES get caught up with child support (I know he doesn't want to be in contempt of court and may very well get caught up if he knows he has to), can he later ask for that money back, retroactive to the date of our oldest's high school graduation, or will the new child support order only be in effect from the date a judge signs off on it? I don't want him to pay me back child support only for a judge to order me to pay it back.

Thanks for any help!
Helene

[Attorney Howard Iken]

You are correct that everyone must follow the court order until it is changed.

Normally, support modifications are effective only back to the date the modification was filed. In this specific situation, many courts will back-date support termination at the legally required date.

So my advice is: be nice and don't make trouble. The support should terminate anyway.

BTW: a new statute that is going into effect shortly requires all new support orders to contain an exact termination date (when the child becomes an adult).


Attorney Howard Iken