Am I still responsible for child support if the child is no longer in school?
Full Question:
My wife who I have not lived with for 3 years let my 17 going to be 18 in jan. quit school. Do I have to still pay child support? She lives in Florida and I live in Utah.
10/05/2007 |
Category: Divorce ยป Child Support |
State: Utah |
#9753
Answer:
You should review the terms of your divorce decree regarding your obligations to pay child support. If your divorce decree and child support orders were entered in Florida, the applicable Florida statutes are as follows:
61.14 Enforcement and modification of support, maintenance, or alimony
agreements or orders. —
(1)(a) When the parties enter into an agreement for payments for, or
instead of, support, maintenance, or alimony, whether in connection with a
proceeding for dissolution or separate maintenance or with any voluntary
property settlement, or when a party is required by court order to make any
payments, and the circumstances or the financial ability of either party
changes or the child who is a beneficiary of an agreement or court order as
described herein reaches majority after the execution of the agreement or
the rendition of the order, either party may apply to the circuit court of
the circuit in which the parties, or either of them, resided at the date of
the execution of the agreement or reside at the date of the application, or
in which the agreement was executed or in which the order was rendered, for
an order decreasing or increasing the amount of support, maintenance, or
alimony, and the court has jurisdiction to make orders as equity requires,
with due regard to the changed circumstances or the financial ability of
the parties or the child, decreasing, increasing, or confirming the amount
of separate support, maintenance, or alimony provided for in the agreement
or order. A finding that medical insurance is reasonably available or the
child support guidelines in s. 61.30 may constitute changed circumstances.
Except as otherwise provided in s. 61.30(11)(c), the court may modify an
order of support, maintenance, or alimony by increasing or decreasing the
support, maintenance, or alimony retroactively to the date of the filing of
the action or supplemental action for modification as equity requires,
giving due regard to the changed circumstances or the financial ability of
the parties or the child.
(b)1. The court may reduce or terminate an award of alimony upon specific
written findings by the court that since the granting of a divorce and the
award of alimony a supportive relationship has existed between the obligee
and a person with whom the obligee resides. On the issue of whether alimony
should be reduced or terminated under this paragraph, the burden is on the
obligor to prove by a preponderance of the evidence that a supportive
relationship exists.
2. In determining whether an existing award of alimony should be reduced
or terminated because of an alleged supportive relationship between an
obligee and a person who is not related by consanguinity or affinity and
with whom the obligee resides, the court shall elicit the nature and extent
of the relationship in question. The court shall give consideration,
without limitation, to circumstances, including, but not limited to, the
following, in determining the relationship of an obligee to another person:
a. The extent to which the obligee and the other person have held
themselves out as a married couple by engaging in conduct such as using the
same last name, using a common mailing address, referring to each other in
terms such as "my husband" or "my wife," or otherwise conducting themselves
in a manner that evidences a permanent supportive relationship.
b. The period of time that the obligee has resided with the other person
in a permanent place of abode.
c. The extent to which the obligee and the other person have pooled their
assets or income or otherwise exhibited financial interdependence.
d. The extent to which the obligee or the other person has supported the
other, in whole or in part.
e. The extent to which the obligee or the other person has performed
valuable services for the other.
f. The extent to which the obligee or the other person has performed
valuable services for the other's company or employer.
g. Whether the obligee and the other person have worked together to
create or enhance anything of value.
h. Whether the obligee and the other person have jointly contributed to
the purchase of any real or personal property.
i. Evidence in support of a claim that the obligee and the other person
have an express agreement regarding property sharing or support.
j. Evidence in support of a claim that the obligee and the other person
have an implied agreement regarding property sharing or support.
k. Whether the obligee and the other person have provided support to the
children of one another, regardless of any legal duty to do so.
3. This paragraph does not abrogate the requirement that every marriage
in this state be solemnized under a license, does not recognize a common
law marriage as valid, and does not recognize a de facto marriage. This
paragraph recognizes only that relationships do exist that provide economic
support equivalent to a marriage and that alimony terminable on remarriage
may be reduced or terminated upon the establishment of equivalent equitable
circumstances as described in this paragraph. The existence of a conjugal
relationship, though it may be relevant to the nature and extent of the
relationship, is not necessary for the application of the provisions of
this paragraph.
(c) For each support order reviewed by the department as required by s.
409.2564(11), if the amount of the child support award under the order
differs by at least 10 percent but not less than $25 from the amount that
would be awarded under s. 61.30, the department shall seek to have the
order modified and any modification shall be made without a requirement for
proof or showing of a change in circumstances.
(d) The department shall have authority to adopt rules to implement this
section.
(2) When an order or agreement is modified pursuant to subsection (1),
the party having an obligation to pay shall pay only the amount of support,
maintenance, or alimony directed in the new order, and the agreement or
earlier order is modified accordingly. No person may commence an action for
modification of a support, maintenance, or alimony agreement or order
except as herein provided. No court has jurisdiction to entertain any
action to enforce the recovery of separate support, maintenance, or alimony
other than as herein provided.
(3) This section is declaratory of existing public policy and of the laws
of this state.
(4) If a party applies for a reduction of alimony or child support and
the circumstances justify the reduction, the court may make the reduction
of alimony or child support regardless of whether or not the party applying
for it has fully paid the accrued obligations to the other party at the
time of the application or at the time of the order of modification.
(5)(a) When a court of competent jurisdiction enters an order for the
payment of alimony or child support or both, the court shall make a finding
of the obligor's imputed or actual present ability to comply with the
order. If the obligor subsequently fails to pay alimony or support and a
contempt hearing is held, the original order of the court creates a
presumption that the obligor has the present ability to pay the alimony or
support and to purge himself or herself from the contempt. At the contempt
hearing, the obligor shall have the burden of proof to show that he or she
lacks the ability to purge himself or herself from the contempt. This
presumption is adopted as a presumption under s. 90.302(2) to implement the
public policy of this state that children shall be maintained from the
resources of their parents and as provided for in s. 409.2551, and that
spouses be maintained as provided for in s. 61.08. The court shall state in
its order the reasons for granting or denying the contempt.
(b) In a proceeding in circuit court to enforce a support order under
this chapter, chapter 88, chapter 409, or chapter 742, or any other
provision of law, if the court finds that payments due under the support
order are delinquent or overdue and that the obligor is unemployed,
underemployed, or has no income but is able to work or participate in job
training, the court may order the obligor to:
1. Seek employment.
2. File periodic reports with the court, or with the department if the
department is providing Title IV-D services, detailing the obligor's
efforts to seek and obtain employment during the reporting period.
3. Notify the court or the department, as appropriate, upon obtaining
employment, income, or property.
4. Participate in job training, job placement, work experience, or other
work programs that may be available pursuant to chapter 445, chapter 446,
or any other source.
An obligor who willfully fails to comply with a court order to seek work
or participate in other work-related activities may be held in contempt
of court. This paragraph is in furtherance of the public policy of the
state of ensuring that children are maintained from the resources of
their parents to the extent possible.
(6)(a)1. When support payments are made through the local depository or
through the State Disbursement Unit, any payment or installment of support
which becomes due and is unpaid under any support order is delinquent; and
this unpaid payment or installment, and all other costs and fees herein
provided for, become, after notice to the obligor and the time for response
as set forth in this subsection, a final judgment by operation of law,
which has the full force, effect, and attributes of a judgment entered by a
court in this state for which execution may issue. No deduction shall be
made by the local depository from any payment made for costs and fees
accrued in the judgment by operation of law process under paragraph (b)
until the total amount of support payments due the obligee under the
judgment has been paid.
2. A certified statement by the local depository evidencing a delinquency
in support payments constitute evidence of the final judgment under this
paragraph.
3. The judgment under this paragraph is a final judgment as to any unpaid
payment or installment of support which has accrued up to the time either
party files a motion with the court to alter or modify the support order,
and such judgment may not be modified by the court. The court may modify
such judgment as to any unpaid payment or installment of support which
accrues after the date of the filing of the motion to alter or modify the
support order. This subparagraph does not prohibit the court from providing
relief from the judgment pursuant to Rule 1.540, Florida Rules of Civil
Procedure.
(b)1. When an obligor is 15 days delinquent in making a payment or
installment of support and the amount of the delinquency is greater than
the periodic payment amount ordered by the court, the local depository
shall serve notice on the obligor informing him or her of:
a. The delinquency and its amount.
b. An impending judgment by operation of law against him or her in the
amount of the delinquency and all other amounts which thereafter become due
and are unpaid, together with costs and a service charge of up to $7.50,
for failure to pay the amount of the delinquency.
c. The obligor's right to contest the impending judgment and the ground
upon which such contest can be made.
d. The local depository's authority to release information regarding the
delinquency to one or more credit reporting agencies.
2. The local depository shall serve the notice by mailing it by first
class mail to the obligor at his or her last address of record with the
local depository. If the obligor has no address of record with the local
depository, service shall be by publication as provided in chapter 49.
3. When service of the notice is made by mail, service is complete on the
date of mailing.
(c) Within 15 days after service of the notice is complete, the obligor
may file with the court that issued the support order, or with the court in
the circuit where the local depository which served the notice is located,
a motion to contest the impending judgment. An obligor may contest the
impending judgment only on the ground of a mistake of fact regarding an
error in whether a delinquency exists, in the amount of the delinquency, or
in the identity of the obligor.
(d) The court shall hear the obligor's motion to contest the impending
judgment within 15 days after the date of the filing of the motion. Upon
the court's denial of the obligor's motion, the amount of the delinquency
and all other amounts which thereafter become due, together with costs and
a service charge of up to $7.50, become a final judgment by operation of
law against the obligor. The depository shall charge interest at the rate
established in s. 55.03 on all judgments for support.
(e) If the obligor fails to file a motion to contest the impending
judgment within the time limit prescribed in paragraph (c) and fails to pay
the amount of the delinquency and all other amounts which thereafter become
due, together with costs and a service charge of up to $7.50, such amounts
become a final judgment by operation of law against the obligor at the
expiration of the time for filing a motion to contest the impending
judgment.
(f)1. Upon request of any person, the local depository shall issue, upon
payment of a service charge of up to $7.50, a payoff statement of the total
amount due under the judgment at the time of the request. The statement may
be relied upon by the person for up to 30 days from the time it is issued
unless proof of satisfaction of the judgment is provided.
2. When the depository records show that the obligor's account is
current, the depository shall record a satisfaction of the judgment upon
request of any interested person and upon receipt of the appropriate
recording fee. Any person shall be entitled to rely upon the recording of
the satisfaction.
3. The local depository, at the direction of the department, or the
obligee in a non-IV-D case, may partially release the judgment as to
specific real property, and the depository shall record a partial release
upon receipt of the appropriate recording fee.
4. The local depository is not liable for errors in its recordkeeping,
except when an error is a result of unlawful activity or gross negligence
by the clerk or his or her employees.
(g) The local depository shall send the department monthly by electronic
means a list of all Title IV-D and non-Title IV-D cases in which a judgment
by operation of law has been recorded during the month for which the data
is provided. At a minimum, the depository shall provide the names of the
obligor and obligee, social security numbers of the obligor and obligee, if
available, and depository number.
(7) When modification of an existing order of support is sought, the
proof required to modify a settlement agreement and the proof required to
modify an award established by court order shall be the same.
(8)(a) When an employee and an employer reach an agreement for a
lump-sum settlement under s. 440.20(11), no proceeds of the settlement
shall be disbursed to the employee, nor shall any attorney's fees be
disbursed, until after a judge of compensation claims reviews the
proposed disbursement and enters an order finding the settlement provides
for appropriate recovery of any support arrearage. The employee, or the
employee's attorney if the employee is represented, shall submit a
written statement from the department that indicates whether the employee
owes unpaid support and, if so, the amount owed. In addition, the judge
of compensation claims may require the employee to submit a similar
statement from a local depository established under s. 61.181. A sworn
statement by the employee that all existing support obligations have been
disclosed is also required. If the judge finds the proposed allocation of
support recovery insufficient, the parties may amend the allocation of
support recovery within the settlement agreement to make the allocation
of proceeds sufficient. The Office of the Judges of Compensation Claims
shall adopt procedural rules to implement this paragraph.
(b) In accordance with the provisions of s. 440.22, any compensation due
or that may become due an employee under chapter 440 is exempt from
garnishment, attachment, execution, and assignment of income, except for
the purposes of enforcing child or spousal support obligations.
(9) Unless otherwise ordered by the court or agreed to by the parties,
the obligation to pay the current child support for that child is
terminated when the child reaches 18 years of age or the disability of
nonage is removed. The termination of the current child support obligation
does not otherwise terminate the obligation to pay any arrearage,
retroactive support, delinquency, or costs owed by the obligor.
(10)(a) In a Title IV-D case, if an obligation to pay current child
support is terminated due to the emancipation of the child and the obligor
owes an arrearage, retroactive support, delinquency, or costs, the obligor
shall continue to pay at the same rate in effect immediately prior to
emancipation until all arrearages, retroactive support, delinquencies, and
costs are paid in full or until the amount of the order is modified. Any
income-deducted amount or amount paid by the obligor which is in excess of
the obligation to pay current support shall be credited against the
arrearages, retroactive support, delinquency, and costs owed by the
obligor.
(b) In a Title IV-D case, if an obligation to pay current child support
for multiple children is reduced due to the emancipation of one child and
the obligor owes an arrearage, retroactive support, delinquency, or
costs, the obligor shall continue to pay at the same rate in effect
immediately prior to emancipation until all arrearages, retroactive
support, delinquencies, and costs are paid in full or until the amount of
the order is modified. Any income-deducted amount or amount paid by the
obligor which is in excess of the obligation to pay current support shall
be credited against the arrearages, retroactive support, delinquency, and
costs owed by the obligor. If an obligation to pay current support for
more than one child is not reduced when a child is emancipated because
the order does not allocate support per child, this paragraph does not
apply.
(c) Paragraphs (a) and (b) provide an additional remedy for collection of
unpaid support and apply to cases in which a support order was entered
before, on, or after July 1, 2004.
(11)(a) A court may, upon good cause shown, and without a showing of a
substantial change of circumstances, modify, vacate, or set aside a
temporary support order before or upon entering a final order in a
proceeding.
(b) The modification of the temporary support order may be retroactive
to the date of the initial entry of the temporary support order; to the
date of filing of the initial petition for dissolution of marriage,
initial petition for support, initial petition determining paternity, or
supplemental petition for modification; or to a date prescribed in
paragraph (1)(a) or s. 61.30(11)(c) or (17), as applicable.
If your divorce decree was entered in Utah, the applicable Utah statutes are as follows:
15-2-1. Period of minority.
The period of minority extends in males and females to the age of
eighteen years; but all minors obtain their majority by marriage. It is
further provided that courts in divorce actions may order support to age
21.