Legal Question in Family Law in Idaho

child support after child 18th birthday?

My son will turn 18 years on March 21,2003. My former husband has already contacted his laywer so he does not have to pay anymore childsupport.

My first question:. Somebody comes to my house to serve me legal papers about this. I have been told I do no have to open the door or return phonecalls about this. They can send this by certified mail. Is this true.

My other question is. My son dropped out of school when he was 16 but now wonts to get his GED and go to college. Does my former husband then still has to pay child support?

My divorce decree says that he had 50 % custody of my son and I have full custody of my doughter.My children have visitation rights every weekend but since over 2 years they are not allowed in my exes house at all. He only stops by maybe twice a month for 10 minutes and otherwise does not care what they do or how they are doing. I know he wanted 50% custody of my son only so he does not have to pay more child support. Can I take him back to court for this?


Asked on 3/12/03, 2:08 pm

2 Answers from Attorneys

Gass Timothy Gass Law Office

Re: child support after child 18th birthday?

1. No, they have to serve you personally in Idaho to get jurisdiction for their Complaint of Petition. However, if they cover your car's windshield, you would be served b/c you can't drive your car with the papers in front. There are millions of ways they can serve you personally, sooner or later they will get you.

2. They cannot serve you by certified mail in this case.

3. your son is eighteen yrs of age. if your divorce decree states that ch supp will terminate upon his finishing school or turning age nineteen, then he is out of luck, since he got his GED which is his high school equivelency degree. He is no longer a child and no longer entitled to child supp.

4. probably cannot take him back to court for what has happened in the past regarding his lack of visitation time.

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Answered on 3/12/03, 6:13 pm
Carolyn J. Stevens CJ Stevens|Law

Re: child support after child 18th birthday?

> My son will turn 18 years on March 21,2003. My former husband has already contacted his

laywer so he does not have to pay anymore childsupport.

Idaho law might vary but it's probably "until age 18 or the child graduates high school, whichever

occurs later, but in no event beyond the child's 19th birthday."

You asked: Somebody comes to my house to serve me legal papers about this. I have been told I

do no have to open the door or return phonecalls about this. They can send this by certified mail.

Is this true.

Again, Idaho's law on service of process might differ from Montana's. You can be served several

ways: personally, by certified mail, by regular mail, or by publication. Because this isn�t a new

case, I probably would serve you by regular mail at your last known address. If you don�t respond

within a reasonable time, I'd have you served personally. If you avoid service, I�ll serve you by

publication. One way or the other, you will be served with process. Some courts will order you to

pay for the costs of service by publication because you purposely ducked all other attempts at

service.

You asked: My son dropped out of school when he was 16 but now wonts to get his GED and go

to college. Does my former husband then still has to pay child support?

Probably not, but you need to check Idaho law. Father can probably stop paying support when

son turns 18 because he's not in school and he�s no longer a minor. You have a decree of

dissolution or divorce, and you might have a settlement or parenting or child support agreement.

If the agreement or the court order says that Father's support obligation continues through college

then, yes, it�s likely that Father will have to pay some support. If the agreement is silent on the

subject of support through college, then probably Father will not have to pay support.

You asked: My divorce decree says that he had 50 % custody of my son and I have full custody

of my doughter.My children have visitation rights every weekend but since over 2 years they are

not allowed in my exes house at all. He only stops by maybe twice a month for 10 minutes and

otherwise does not care what they do or how they are doing. I know he wanted 50% custody of

my son only so he does not have to pay more child support. Can I take him back to court for this?

A 50-50 parenting arrangement does not necessarily will wipe out a child support obligation.But

what's the point of arguing about it? Your son turns 18 in nine days and, because he isn't in

school, support will probably stop anyway. The idea of custody will no longer apply to a child

who is now out of his minority.

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Answered on 3/12/03, 9:25 pm


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