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swalker

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My son turns 18 in December 08. He will still be in high school and I am wondering if I will be expected to pay child support until he is out of high school? My divorce decree says that I am done when he turns 18....but, I have heard that the states says that I will have to continue, no matter what, untill he is out of high school. If this is true...did the law change after 1999??

Thanks!

CRYROSE

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Reply with quote  #2 

your decree says age 18 that is it. you do not have to support that child is out of high school.


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swalker

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Reply with quote  #3 
I wondered about this because I talked to child support in Des Moines and they said something about sending out a letter to both his mother and I around the time of his birthday and that if he is still in highschool then it would be mandatory that my child support continue until he is out of highschool. My divorce decree states that it ends when he turns 18....I did not understand why I would have to continue to pay?
Also, I got a letter from my ex a couple of weeks ago saying already that she wants me to voluntarily pay child support until he is out of school.
I would rather not pay her and take the money and save it for when he goes to college and needs it!

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Reply with quote  #4 

You must pay until he completes high school even though he will be 18 in December.


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"Political reasons have not the requisite certainty to afford juridical interpretation. They are different in different men. They are different in the same men at different times. And when a strict interpretation of the Constitution, according to the fixed rules which govern the interpretation of laws, is abandoned, and the theoretical opinions of individuals are allowed to control its meaning, we have no longer a Constitution; we are under a government of individual men, who for the time being have the power to declare what the Constitution is, according to their own views of that it ought to mean." Dred Scott v.Sanford, 19 How. 393, 620 (1857) (Curtis, J., dissenting).
swalker

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Reply with quote  #5 
I am not sure about paying for college either...at this point nothing would surprise me! What I don't understand about that subject is why a person should be told that they HAVE to pay for something that ultimately won't benefit me in any way. They are adults by this time and I figure that if they want to go to college and get a good paying job that is what student loans are for. Not that I would not help him out while going to college but at what point can I get on with my life and save for my retirement....I am sure that I won't benefit or get anything if I need money in my retirement years! I think that this law needs to be changed! Not to mention they will appreciate their education so much more if they have to work for it themselves! Just my opinion.

Also, what about all the years that my ex deprived me from seeing my son and making every thing about this as difficult as she could? Does her moving him off to a totally different state and "allowing" me to see him maybe twice a year if I am lucky count for anything? She has been in contempt of our court order so many times that I can't even count them all...and alienated me and my son to the point that our relationship has suffered immensely! I have everything documented ...who knows maybe this will help me someday.

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598.21F  POSTSECONDARY EDUCATION SUBSIDY.
         1.  Order of subsidy.  The court may order a postsecondary
      education subsidy if good cause is shown.
         2.  Criteria for good cause.  In determining whether good cause
      exists for ordering a postsecondary education subsidy, the court
      shall consider the age of the child, the ability of the child
      relative to postsecondary education, the child's financial resources,
      whether the child is self-sustaining, and the financial condition of
      each parent.  If the court determines that good cause is shown for
      ordering a postsecondary education subsidy, the court shall determine
      the amount of subsidy as follows:
         a.  The court shall determine the cost of postsecondary education
      based upon the cost of attending an in-state public institution for a
      course of instruction leading to an undergraduate degree and shall
      include the reasonable costs for only necessary postsecondary
      education expenses.
         b.  The court shall then determine the amount, if any, which the
      child may reasonably be expected to contribute, considering the
      child's financial resources, including but not limited to the
      availability of financial aid whether in the form of scholarships,
      grants, or student loans, and the ability of the child to earn income
      while attending school.
         c.  The child's expected contribution shall be deducted from the
      cost of postsecondary education and the court shall apportion
      responsibility for the remaining cost of postsecondary education to
      each parent.  The amount paid by each parent shall not exceed
      thirty-three and one-third percent of the total cost of postsecondary
      education.
         3.  Subsidy payable.  A postsecondary education subsidy shall be
      payable to the child, to the educational institution, or to both, but
      shall not be payable to the custodial parent.
         4.  Repudiation by child.  A postsecondary education subsidy shall
      not be awarded if the child has repudiated the parent by publicly
      disowning the parent, refusing to acknowledge the parent, or by
      acting in a similar manner.
         5.  Obligations of child.  The child shall forward, to each
      parent, reports of grades awarded at the completion of each academic
      session within ten days of receipt of the reports.  Unless otherwise
      specified by the parties, a postsecondary education subsidy awarded
      by the court shall be terminated upon the child's completion of the
      first calendar year of course instruction if the child fails to
      maintain a cumulative grade point average in the median range or
      above during that first calendar year.
         6.  Application.  A support order, decree, or judgment entered or
      pending before July 1, 1997, that provides for support of a child for
      college, university, or community college expenses may be modified in
      accordance with this subsection.{
         7.  Necessary content of order.  Orders made pursuant to this
      section need mention only those factors relevant to the particular
      case for which the orders are made but shall contain the names, birth
      dates, addresses, and counties of residence of the petitioner and
      respondent.
         2005 Acts, ch 69, §44
         Referred to in § 598.20, 598.22, 600.11
         {The word "section" probably intended; corrective legislation is
      pending


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"Political reasons have not the requisite certainty to afford juridical interpretation. They are different in different men. They are different in the same men at different times. And when a strict interpretation of the Constitution, according to the fixed rules which govern the interpretation of laws, is abandoned, and the theoretical opinions of individuals are allowed to control its meaning, we have no longer a Constitution; we are under a government of individual men, who for the time being have the power to declare what the Constitution is, according to their own views of that it ought to mean." Dred Scott v.Sanford, 19 How. 393, 620 (1857) (Curtis, J., dissenting).
swalker

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Reply with quote  #7 
What does in-state public institution mean? A public college? I think that my son plans on attending a private college.
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Reply with quote  #8 

In essence you will only be responsible for the cost of what a public college would cost.  Public schools traditionally are cheaper than a private institute.  Of course if your child gets a good deal at a private college then you would want your portion based on that.  Regardless of how you feel about your child being an adult or not, you will be required to help them through college.

leglegl321

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Reply with quote  #9 

Decrees written and/or stipulated to many years ago may have limited CS to only the eighteenth birthday, without mentioning HS, which is the legal standard applied today.  But the law of your case and your obligation is determined by your decree, and not what the legal standard or law is today, in most cases.

I would consider spending a couple hundred bucks and talk to a good family law attorney.  If your decree says "until his eighteenth birthday." and does not mention "or his graduation from high school, whichever is later." , and it was not appealled or modified, then your decree is final and valid, and you are not under any court order to provide further support.  Your ex could, however, petition the court and make any award or modification retroactive to three months from the filing, I believe.  At any rate, you should try to have your ex sign a Satisfaction of Judgment declaring that all court-ordered support has been paid, and there is penalty if she refuses to do so.

In re: college expenses.  The courts have said that as a child is the loser in a divorce situation, they are therefore entitled to a subsidy from both parents for college, what they term a "quid pro quo".  Curiously enough, a married couple has no such legal obligation.  However, there are some mitigating factors, such as: you must have the income or assets to help them- if you are truely broke, without a significant income and without significant assets, then the judge should in all liklihood order a minimal monthly support for college, if any at all.  Second, according to Iowa Code, the maximum support that can be ordered is capped at 1/3 the cost of attending an in-state institution, which presently means about $5,000 or so per year.  Anything more, the judge cannot order.  However, you are of course free to assist them more.

Maybe now would be a good time to try to undo the damage that has been done and do your best for a closer relationship with your child now that the ex is no longer in control of everything. 

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Reply with quote  #10 

Now wait if the decree says 18th birthday then isn't CSRU in contempt of court to collect past that date? I think it is time to cut these nuts down to size.


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Reply with quote  #11 

Yes, CSRU HAS to follow what the decree says.

GoodDad

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Reply with quote  #12 

My lawyer told me that I was required to pay child support until my son is done with high school, that 18 years of age wasn't the stopping point. Once he goes to college, we all split the bill by 1/3. Thats fine, as long as the money doesn't go to his mother any longer, let her make her own vehicle payments for once

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Reply with quote  #13 

Again I will stress that CSRU is obligated to follow what your decree states.  The only thing they can review and adjust is the AMOUNT of support and your portion of non-covered medical expenses.  If your decree says 18 years of age, CSRU is obligated to abide by that. 

swalker

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Reply with quote  #14 
I thought that the divorce decree was set in stone but csru told me last month that they would send out something asking when my son turns 18 if he is in high school and if he is they will expect me to keep paying until he graduates. But, then why do we have a court order then? If they can continue to make me pay even though my court order says I am done at 18 I just don't understand that!
I would not mind so much but my ex only has followed the divorce decree when it benefits her.....meaning collecting the amount of CS set and me paying half the medical, dental and eye glasses. As far as visitation....has not followed at all for the last 6 years. It says that I am to have him every other weekend but am lucky if I have him here 2-3 times a year. When she moved him to another state I went to a lawyer so that we could get the court order modified but when I sent her the proposal for what I wanted (which was way too nice) she fired her attorney . So, I tried one more time and after spending even more money she did the same thing again. She is totally unreasonable and always has been. Even though she has done all this to me she has tried to have our CS modified every chance she gets.
She must be worried too that the CS is going to end this next December when he turns 18 because she wrote me a letter asking me to volunteer to pay CS until he is out of highschool or she is going to go to court to get it!! I am counting down the days that I won't have to deal with her anymore!! I will always help my son out I just don't want her to benefit from my money anymore.

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Reply with quote  #15 

It is to allow your child the opportunity to finish High School without having a financial burden. I think the High School requirement is good policy but many other areas of child support need reform.


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"Political reasons have not the requisite certainty to afford juridical interpretation. They are different in different men. They are different in the same men at different times. And when a strict interpretation of the Constitution, according to the fixed rules which govern the interpretation of laws, is abandoned, and the theoretical opinions of individuals are allowed to control its meaning, we have no longer a Constitution; we are under a government of individual men, who for the time being have the power to declare what the Constitution is, according to their own views of that it ought to mean." Dred Scott v.Sanford, 19 How. 393, 620 (1857) (Curtis, J., dissenting).
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Reply with quote  #16 
Quote:
My son turns 18 in December 08. He will still be in high school and I am wondering if I will be expected to pay child support until he is out of high school? My divorce decree says that I am done when he turns 18....but, I have heard that the states says that I will have to continue, no matter what, untill he is out of high school. If this is true...did the law change after 1999??

Thanks!


The law did change after 1999 to require support until highschool graduation.
My support obligation for my oldest child just ended last month (this is different child than I usually talk about- he was a child I learned about through a paternity action when he was 4 years old. I've never had any major issues with his mother as she is generally a sane and rational person).

Anyway- my child support order for him was determined prior to 1999. There has never been a modification of that original order. It ordered support "until the child reaches the age of majority, becomes emancipated or until further order of the court". I had assumed I would be paying child support through May 2008 as this was his senior year. He turned 18 in Feb and support ended because it was not modified after 1999.
If your order does not specify that it continues until high school graduation, it should terminate upon his 18th birthday. CSRU is not supposed to petition to modify court orders if there is less than 12 months from the termination date. Keep in mind that this does not bar her from petitioning to modify in the court. She may want to also request the post secondary education subsidy if it wasn't addressed in your current order. 

*My son did early graduation anyway so it was irrelevant and would've ended on his 18th birthday anyway.  
swalker

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Reply with quote  #17 
Our divorce was final on March 25, 1999 so that means that the law changed by that time? I mean, the law includes all of the year 1999?
jessr1973

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Reply with quote  #18 

I would have to agree, it should be paid until high school is completed. Now if they grad early, then it needs to stop then.

leglegl321

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Reply with quote  #19 
I respectfully disagree.  The fact that present law and case law indicates that CS is paid until age 18 or HS graduation, whichever is later, is not relevant.  What is determinant is what his decree says, in the absence of any subsequent appeal or modification.  Although I have never dealt with CSRU, I doubt that they have the unilateral power to change a district court judge's order.

You need to get a Satisfaction of Judgment drawn up, presented to her for her signature, and then filed with the court.  If she refuses to sign, then go to court to force her signature or a release, as it will continue to show up as a legal judgment against you for credit and financial purposes.  I believe that there is a penalty that is applied if she refuses to sign.
swalker

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Reply with quote  #20 
My child support is supposed to end in December...how soon will I have to have her sign the Satisfaction of Judgement before then?
leglegl321

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Reply with quote  #21 
On your Release, at the very bottom, in smaller type, indicate "Pusuant to 624.37, Code of Iowa, if you fail to release this judgment within 30 days after having been requested in writing, you shall be subject to a penalty of $100.00 plus reasonable attorney fees."

I would present it to her two weeks or so after your last payment.   That way the funds should have cleared all the accounts, and the Clerk of Court records would be updated to reflect your last payment.  If she signs it, then take the original and two copies of the signed Satisfaction to the courthouse.  The clerk of court will keep the original, and have the clerk file-stamp your copies.  Mail one back to your ex, as you indicated on the Certificate of Service that you will include on the Satisfaction. 
 
If she refuses to sign, then be ready to file for a Request for an Order Approving Release and Satisfaction and Concerning Judgment for Child Support.  Copnsider getting a good attorney as the ex may be paying for part of the bill.  If you can't afford one, then educate yourself and go pro se.

swalker

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Reply with quote  #22 
I have another good one! Just to let you know what I have to deal with when it comes to my never being late with my CS and always having very good insurance for my son.

My stepkids went to visit their dad this past weekend. On Saturday they went to Walmart close to where their dad lives. Mind you....it is about an hour from here but about 5 hours from my son. They were shopping when all of a sudden they saw MY son walking around with MY mother (who also lives around that area). My son lives over 5 hours from either me or my mother but she has him staying with HER for his spring break and I had no idea that he was even around here. This is the sort of things that I have had to deal with. My mother makes deals with my ex behind my back. They are two peas in a pod. So, the way I feel....if they are always going to go behind my back....don't ask me for any special favors! If my ex takes me to court to get 6 more months of support she better be prepared to talk to a judge....I have kept a journal of all times they have done this to me and I am going to bring all of it up. Unfortunately, my mother has no loyalty at all toward me and she also has made this very difficult for me!

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Reply with quote  #23 

I can definatley associate with that my dad does the same kind of bizarre behind my back buying off of my ex to see my kids when I should eb seeing them. It's crappy to have your own parent do that to you isn't it.


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swalker

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Reply with quote  #24 
I just don't understand the whole situation! I understand my ex being like that because she will do anything to go behind my back and make my life miserable but, I don't understand where the loyalty is when it comes to my mom. He just had this entire last week off for spring break and he stayed with them and I never heard one word from either of them. If my stepkids would not have seen them in Walmart I would never have known he was around here. I just let it go because he is almost 18 but all of this going behind my back will be used against her in the end. I should be used to it by now...this has gone on from the beginning!
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Reply with quote  #25 
I know what you mean , getting used to it doesn't make it any less despicable that our own families will betray us. I know that my ex does it because my dad is more than willing to buy him off, by paying for things the children don't need, or overstepping his authority to sign my children up for things that I haven't approved of. Like you though I'm so used to it barley phases me anymore.

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swalker

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Reply with quote  #26 
I have another question about this matter. I am and always have paid my child support on time. I also have supplied my son with really good insurance. I have been divorced from my ex since 1999 and have had to fight every step of the way to get visitation etc. In the last 6 years I have had to deal with not seeing my son as I am supposed to because my ex moved him out of state. Meeting her halfway to get him is next to impossible because I guess that she is the only one that works or is tired or busy, etc. etc. For the last couple years I have not seen him because he does not want to come as often and I just deal with it for that reason. Well....this was my year to claim him on my taxes. I have received a letter from the ex stating that she claimed him because I didn't pay some small co-pay for medical expense last year.....it came to about $25 in all. Since she makes her own laws as we go I am wondering if there is a way I can just let her claim him and since my son is turning 18 in December tell her to use that money that she gets from taxes for his medical expenses etc and don't contact me again. It would be fine with me if there was a way that I could do that....making my life much more pleasant not having to deal with her again! If I do this....is there some kind of notice that I can send her for this so that I have it in writing so that she can not come back to me later on this? Thanks so much for all your advice!!!
seaman

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Reply with quote  #27 

Swalker.....I think you and my husband must have the same mother because she does THE SAME THING with my husband's ex.  It is so frustrating to watch my husband be betrayed by his own mother!!!!  I feel for you!

swalker

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Reply with quote  #28 
It is very hard to understand how a mother could be like that to her own son!! Longer ago I just thought that she did it because it was just her but know I know that it is out of spite and the need for drama which the ex definitely offers.  I just think....her loss!
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Reply with quote  #29 
I personally would just give her the $25 bucks, and never talk to her again if your son is 18 now. This is the reason I keep saying that no law should require permissions from one parent to allow the other parent to exercise their right to claim the kids, because they always find an excuse not to let them claim the kids.

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swalker

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Reply with quote  #30 
Actually my son does not turn 18 until December of this year. I just thought that the money that she gets for claiming him would be more than enough to cover his medical, dental, etc. If I just let her claim him, knowing that she will come way ahead of the amount of money that I would owe her the rest of this year, is there some form or paper that I can send her telling her that I am letting her claim him but do not want to hear from her again? Please say yes!! It would be a dream come true!!!
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Reply with quote  #31 
I for one would be very leery of such an arrangement.  First of all, once your obligations under the decree are finished, you need to have her sign a Satisfaction of Judgment and file it with the Court.  That is the way to release any possible liens against your propery regarding the judgment.  Without it, the other party can always say "They didn't pay this, they didn't pay that..." and you won't be able to sell your house the next time you want to.  How would you like it if you went to sell your house, and an attorney for the seller's bank does a title search, and finds the judgment three years from now.  You won't sell your house because you cannot clear the title.  You have to go to your ex right away on short notice then and say "Please sign this Satisfaction so I can sell my house..." "Sure, except you didn't pay this and you didin't pay that, you owe me, say, $3,000 and I will sign your satisfaction..."  Can happen, I assure you.

I would say, unless she signs a Satisfaction of Judgment stating all things are done, then I wouldn't just let things go just the way she wants.  If you are entitled to claim the child on your taxes this year, then do so.  The fact that she is not following the decree does not mean you need to follow.  Tell her that you will claim him, that she will have to therefore file an Amended return, unless she signs a Full Satisfaction of Judgment.  Have her produce a receipt for verification, and then give her a check for the $25.  Keep a paper trail.
swalker

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Reply with quote  #32 
OK that sounds good. I just thought that it would be less of a hassle for her to always be bugging me about all the minute bills that she has. $10 co-pays, etc. One time she said that I shorted her $5 and she called me 30 times in a row in one evening to b*itch about it!! I'm not really dealing with a stable person here and thought it would be nice to not have to deal with all of the crap. Of course, I will still make all the monthly Child Support payments. I just wondered if she could just use the money from claiming him and finish out the year with that.
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Reply with quote  #33 
I decided against the arrangement knowing that the ex would come back later and say that I owed her money. I have actually amended my taxes to claim my son....afterall it is my turn and why shouldn't I? We will see how it goes...I am sure that she has her refund spent already....how soon will she have to give that back to the IRS?
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Reply with quote  #34 

I think you made the right choices.  When a conflict arises, always do your best to follow the decree as approved by the court, and then try to let your ex deal with the consequences.  The IRS may come to you first for documentation of your right to claim the exemption, do what they tell you, and then try to make the IRS deal with your ex.  You are following the law as stated in the decree, and let your ex deal with her non-compliance.

swalker

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Reply with quote  #35 
Yes I thought about it and took your advice! Thanks for that....knowing her it would have never worked....she has been getting child support for 15 years(she has another child with someone else before me) and sees the end coming and it is going to be very hard for her to take. Between me and the other guy she was getting $1000 a month. When her older child turned 18 it almost cut in half and she about had a fit! So come December she will miss what I pay...oh well...she needs to get on with it!
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Reply with quote  #36 
I totally agree it's not so easy coming up with money for the bills when someone isn't handing you welfare and child support anymore.

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swalker

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Reply with quote  #37 
Believe me....she has been on welfare and got the $1000 a month and always had money for herself for things like Spring Break getaways, weekends in New York, breast implants.....the list goes on and on!! Now some of this stuff might not be in her "budget" she is going to squeak!! I actually worked with her first husband and when his CS was going to end she actually called him at work and wanted him to continue to pay CS even though his kid turned 18....she bawled and told him "I can't live without your Child Support!" She has no pride at all!! He said NO!
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Reply with quote  #38 

I have another problem to add to the discussion. My son turn 18 June 3rd, he hasn't been to school for 2 years. I'm sure the x is going to do anything she can to keep the check coming in. I'm just wondering what I can do to block this. She is a teacher, so she may try to pull the home school trick. I guess I wouldn't mind so much if I though it would actually help my son. Give me your thought, Thanks, Mark

swalker

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Reply with quote  #39 
Well....I have 3 weeks from today until my son turns 18.  I have not heard anything from the ex about continuing CS until June. I turned in the emancipation letter explaining that my divorce decree states that I am finished paying when he turns 18 and that there was never a modification on the decree in all the time that we have been divorced. I will be sending the letter of Satisfaction to the ex when my last payment is made and hopefully that is all I will hear from her. Just wanted to make sure if I should wait until after the last payment is made or shortly before!
Thank so much everyone!!

leglegl321

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Reply with quote  #40 
Send her the Satisfaction of Judgment either with the last payment or shortly thereafter, when the check has cleared the bank, and your bank has disbursed the money.  At that point, she should sign the Satisfaction and return it to you.  You will then need to go to the Courthouse and file the original, keep a copy for your records, and send her a copy.
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Reply with quote  #41 
Thank you leglegl321! I will do that!!
swalker

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Reply with quote  #42 
Just a quick question so that I do everything right.  First, I have to send the Satisfaction of Judgement to my ex.  And then...when she returns it to me I have to go and file the original at the court house?
What if she does not send it back to me? How can I be assured that she will send it back to me? If it is not court ordered, etc...I can almost guarantee that she will not send it back to me. Or do I file a copy with the court house at the same time?

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Reply with quote  #43 

According to http://www.judicial.state.ia.us/Representing_Yourself/DivorceFamily_Law/Child_Support/ 

 

When You've Paid in Full 

Iowa law requires a party who is entitled to a judgment to acknowledge satisfaction of the judgment by execution of an instrument referring to it, duly acknowledged and filed in the clerk of court in very county where the judgment is a lien.  A party who fails to do so within thirty days after receiving a written request shall be subject to a $100 penalty plus reasonable attorney fees incurred by the requesting party.  

swalker

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Reply with quote  #44 
Ok thank you. I will make a copy of this and send it along with the Satisfaction of Judgement when the time comes to do so.


swalker

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Posts: 76
Reply with quote  #45 
I have one more question about this....hopefully the last!

Do I need to send anything to the CSRU about my child support ending?  I received the emancipation notice that I had to fill out and that is the last that I heard from them. Just wondered if I had to send anything to them or call them?
Thanks!

leglegl321

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Reply with quote  #46 

I am no help here.  I don't know the requirements or actions of CSRU.

swalker

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Reply with quote  #47 
I took a look at their website and they had all kinds of information about how to collect Child Support....but I didn't see anything about ending it! Imagine that!
Yaojia

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Reply with quote  #48 
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