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I want my ex spouse to continue with child support, health care expenses and carry life ins after my child turns 18 in GA.

She will be a college student in the Fall of 2011. Child support will end when she turns 18, but she will still be dependent on us for support. Without a court order my ex-spouse will give her nothing. My ex-spouse has only paid child support and has not assisted in his portion of her health care expenses or carried a minimium $10K life insurance policy as required. He has never helped with extras like sports fees, test prep fees etc. What are my chances of getting at least child support after 18 and she is a college student? I agree if she doesn't go to college full time or at least stays in school part time that she not receive the support. But, I can't do it alone.

Should I consider legal action or just let it go?

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Attorney answers (1)

Reputation Level 15
If the most recent Support Order for your child states that support is to end when the child becomes 18 years of age, then receiving support beyond the date of her 18th birthday will require a modification of the support order. To modify an order, you must show 1) that you have not requested an modification during the last 2 years; 2) that there has been a change in circumstances since the time that the most recent order was issued such that the modification is necessary. Your chances of having your order modified depend on the specific circumstances of your situation.

As your daughter's primary custodial parent, you have the right to enforce the Support Order to ensure that your child receive the support she is entitled to. As such, you have the ability to file a contempt action against your ex-spouse for his failure to abide by the provisions of the existing order.

Whether you pursue legal action or "just let it go" is a decision for you (and, perhaps, your daughter) to make. Should you decide to pursue legal action, I would suggest that you consult with an attorney to determine what your rights and alternatives are, what your likelihood of success is, and what you could possibly expect as an outcome.
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