Modification of Child Support

[rdrohl]

I have two children on CS. Oldest son turned 18 October 2008 and graduates June 2009. Youngest daughter turns 18 January 2010 and graduates HS June 2010. The Final order states child support to be paid until 19 or HS graduation, whichever occurs first. Child support is current and there are no arrears.

I want to modify Child support to be 1) reduced June 2009 when my son graduates and 2) for the reduced child support to end June 2010 when my daughter graduates HS - June 2010 or turns 19 whichever occurs first.

Is it possible to file one (1) motion and get an order that would take care of the reduction 6/9 and to have CS ended at a later date all in one filing? This would essentially avoid tying up time and expense associated with doing a filing for the reduction and then going back to get all support ended with a second filing the next year when my youngest graduates. Trying to kill two birds with one stone here.

[Attorney Howard Iken]

You cannot do it this far ahead. Most judges will not sign off on that. The reason is that enough time exists for future modifications and a judge will not want to terminate jurisdiction.

Wait until four months before the second child terminates. File a supplemental petition seeking termination for both children. Normally, you can terminate in arrears a child that reached the age of majority.

Of course, this forum is no replacement for a detailed reading and opinion by an attorney.

Attorney Howard Iken
The Divorce Center