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Financial obligation and BM..need Advice please

Tammajean451's picture

Submitted by Tammajean451 on Mon, 10/04/2021 - 7:28pm

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General Discussion

DH has not seen older SS in 4 years. Older SS "Tom" refused to follow our rules so DH told him not to come back till he does. Tom has not. Now in our state DH is required to pay child support till Tom turns 21 regardless if DH sees him or not. Part of the divorce agreement also says DH needs to split and uncovered medical/dental bills.  
1. Tom is 20 now and next July will be 21. When Tom turns 21 will the courts just Automatically stop Garnishing DH wages or does DH need to send something in? If DH needs to do something what and when should he start the process so the child support stops on Toms birthday?

2. Also in our state a parent can keep a child on their health insurance till 27. Tom is lazy as hell so highly doubt by 27 he will even have a job. So if BM contains to pay for health insurance for Tom AFTER he turns 21 will DH also be required or not?

Rags's picture

Submitted by Rags on Mon, 10/04/2021 - 8:15pm

Most states require one or the other parent to initiate ending CS once the Skid ages out from under the CO.  I would have your attorney primed to submit that at 12:01AM on SS's qualifying B-day.  

Unless the CO stipulates otherwise, you are not legally obligated to keep an adult child on insurance past age 18 or HS graduation whichever is later.  Regardless of what BM chooses to do. Once the Skid ages out from under the CO, you should not pay any expenses that you do not specifically choose to pay for that Skid. Particularly not one penny to your SOs X.

To be sure, check with your attorney.

 

tog redux's picture

Submitted by tog redux on Tue, 10/05/2021 - 5:16am

I assume you are in NY, I am as well. My SS just aged out of CS this year so I did a lot of research. My DH was paying BM directly so he was able to just stop paying. Yours has his pay garnished, so he will need to return to court so they can order Child Support Enforcement to stop garnishing his pay.  Don't wait to file, courts are backed up due to COVID.  He can file on his own without an attorney, just go down to the local court and the court clerk can help.

As for the health insurance, NY does not require that beyond age 21, unless the parents had that in their divorce agreement. My DH was paying for part of health insurance and that stopped along with the child support. 

CLove's picture

Submitted by CLove on Tue, 10/05/2021 - 10:27am

From what I have read, the requirement to pay child support doesnt end on its own. The paying parent must file to end the order, and filing can happen prior to the birthday. DH's checks are not garnished be pays on his own, but hes still going to make certain how to end the obligation.