How do I begin the process of terminating child support?
My child has graduated high school and is now attending community college.
Do I have to hire an attorney to stop child support payments or can I go through the child support enforcement agency?
There is no requirement or court rule that requires you to be represented by an attorney in any legal matter. It is your right to handle your legal matters on your own behalf.
It is my suggestion that if you are not sure of what you are doing or how to do it and it is important to you to make sure your rights and interests are protected, you should consult with an attorney that is experienced in the area of domestic litigation.
Unless it is otherwise specified in your child support order, your child support obligation may be terminated if your son is over the age of 18 and he was enrolled in and attending an institution of vocation or higher education (which would include a community college) on a full-time basis with at least 12 credit hours, and you requested documentation of grades from the community college from your son and he has failed to provide the documentation.
The process would begin by the filing of an affidavit, or verified motion, which would allege the facts that support your claim that your child support obligation should terminate, as well as the legal basis for that request.
This would need to be filed with the court that entered the child support order. A copy of what you filed would be served upon the custodial parent by the Sheriff or by a process server.
Cordell & Cordell has men’s divorce lawyers located nationwide. I urge you to contact one as I do not know all the details of your case and thus cannot provide you with specific legal advice.
To schedule an appointment with William F. Backer, an Associate Attorney in the Arnold, Missouri office, contact Cordell & Cordell.