Legal Question in Family Law in Connecticut
Child Support Modifications
My Husband currently pays $300 a week in child support for his three children (well above what he is suppose to pay). The way his divorce is worded it says ''$300 will be awarded in child support per week'' - Someone told me that he will have to pay that amount until his youngest is 18. He has three children - one will be 18 in 6 months - Should we go back to court to have it reworded? We live in connecticut and we want to know if that is feesible
2 Answers from Attorneys
Re: Child Support Modifications
When the oldest child reaches 18 (or graduates from high school, if that occurs after the 18th birthday, but no later than the 19th birthday) he should go back to court where they will recalculate the child support based on 2 rather than 3 children. He must go back to court, though. The $300 court order stays in effect until the court changes it, even if the children turn 18.
Re: Child Support Modifications
Your husband needs to file a motion to modify the original order to reflect that only two children require support when the oldest becomes of age. He will have to do so again, when the second child becomes of age and again when the third child reaches 18.
Be aware that when the child support is recalculated, it is not reduced by 1/3. It is recalculated according to the child support guidelines which are based upon percentages. You may want to look at the guidelines.
Furthermore, if his income and his former wife's income have changed substantially since the divorce, this could substantially change the child support amount. This is important because in many instances, just because the oldest child reached 18, doesn't necessarily mean the child support would be reduced.
Lastly, you don't want to wait until his child reaches 18 to file your motion. Do it in advance.