Child support on 2 children, one minor and one 18, just graduated.
File a motion to terminate his child support. Consult with a lawyer. The support calculation will change from 28% to 20%
If there have been no increases and you earn more than when the child support was calculated you could end up paying the same or even more. Most ex's file will file for an increase of you file to recalculate based on Emancipation. It can be a slippery slope. Use s lawyer to help you navigate this situation.
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There are no specific forms - although there may be a local form in your county. First, review the terms of your divorce/parentage judgment. There may be language that your support obligation will automatically terminate. If not, or if support is being withheld from your wages, you will need to prepare a petition asking to terminate your support obligation. The petition will need to be filed with the court, scheduled with the court, and you will need to provide proper notice to the other party. This can be a relatively simply process, and it will go more smoothly if you have an attorney, Also, if the other parent will agree, you may be able to accomplish this through a simple Agreed Order.
You need to file a motion to terminate support which states that the son is 18, has graduated from high school and that all support has been paid. Get a court date and send other party a notice of motion and the motion. If you are subject to income withholding, make sure employer gets copy of order. If not comfortable doing it yourself, contact an attorney.
As noted, because you still have a support obligation for the other child, you will need to obtain a court order modifying your child support if you wish to change the current amount. If your income has increased and the current amount is close to 20% of your current net income for child support, you may decide to continue paying the current amount and not incur the time and expense of going to court if the amount is not going to change much or if going to court is going to cause the other parent to raise other issues. Of course, if you have any unpaid child support or the other parent pursues non-minor support (educational expenses) you may end up in court anyway. You should review your situation with an attorney to assess your options and possible issues.
Consult with an attorney now to determine if a petiton to modify will in fact lower your support. It is possible that support for your remaining minor child will be more than what you are now paying for two, if your income has increased enough since support was last set. Also talk to your lawyer about possible college expenses for your older child as that issue may get raised.
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