Legal Question in Family Law in California
Date of Last Child Support Payment
My fiance's daughter turned 18 in Feb 2006, and is to graduate in May or June 2006. Problem: Via the ex-wife, daughter, high school, and now school district (no response to a reg recpt letter), he has been unable to obtain a ''no longer a full-time high school student'' date. Orange County child support services dept. will not help because no official case was opened following his divorce; he was a good dad and on his own paid his obligation. He is really afraid to file a court form on his own asking for this info., thinking the ex will use the opportunity to ask the court for college $! He suspects their daughter is not a full-time student now, because she was seen out of school, in mid morning on a school day; last time he knew, she was straight A student (his name kept being dropped from the school records - ?! - so he may legally have been able to quit paying in Feb 2006 ... or even from May 2006 to June 2006 could entail quite a bit of $; he pays $500 every two weeks.
How does he get this date? Does he now write the county board of education or will the DA help? His attorneys (three by the time it was all said and done) was lamo #3, so he hates that avenue.
Thank you for any help you can offer.
1 Answer from Attorneys
Re: Date of Last Child Support Payment
He needs to file a motion if the exwife is unwilling to provide evidece that daughter is still a full time student. If nothing else the support end date can be established. If Ex owes dad she can be ordered to pay him. There is no way the court can order him to pay for college unless they had an agreement.
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