Re final child support payment ending on child's birthday on the 15th of the month

Factual Questions
1

As a hypothetical if a 10 year run of CS payments normally due on the first of the month is destined to terminate on a child’s 18th birthday, and the birthday is on the 15th of the month, do you normally pro-rate the payment to approx half the usual amount or simply give the full CS check? The divorce decree does not speak to the issue of partial payments, and as originally set up by the decree the payments were to begin on the first of each month…

2

Unless the child support order was entered on the first, I would assume you/whoever do whatever you did during month 1. If that one was prorated, this one will be too, etc.

3

There’s a lot of variation in this sort of thing among the states. Some states require you to file something like this: http://www.supremecourt.ne.gov/forms/dc1app_terminate.pdf in order to terminate the obligation. You should contact the child support agency for whatever jurisdiction is involved and ask them what is required. Or better yet, contact a lawyer.

4

You make the extra payment so that you aren’t an asshole.

5

Please note the forum in which you are posting.

Gfactor
General Questions Moderator

6

And now I will add that I paid all my child support up front when I was divorced to help my ex-wife arrange loans. Subsequently she asked me for extra money due to various things that the kids needed. I just coughed up the money and never got any back.

7

Here’s your award: %

8

I hope my second post doesn’t look like a reply to the moderator slap on the wrist, because I had already posted it.

My evil “note the forum in which you are posting” post had been intended to point out that it is simply easier to “take the high road” and not be the argumentative ************* .

Even if it costs you (or me, as the case may be) money…5 years from now, who cares?

9

I have no children, no dog in this fight, and no answer to the OP, but your response is predicated on certain assumptions that may not be true. The payer may not be able to afford the extra money, depending on the sum and the circumstances. He or she may already be doing without to meet the obligation to the child. Also, there is no guarantee that extra money sent is actually being used for the child’s benefit rather than that of the custodial parent. I think it would depend rather a lot on the parties’ financial circumstances, character, relationship, and court oversight or lack thereof.

But yes, if you can afford it and it’s most likely in the interest of the child, you should absolutely send it no (or few) questions asked.