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purpleheart

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  1. Update: went to court; DCSS & Judge found that "homeschool program" did not meet state criteria; NCP did not owe any arrearages as the CP attempted to collect & "Susan" was found to have been emancipated since last year; DCSS / Judge found NCP overpaid & awarded NCP with "credit" since "Susan's" emancipation last year Thanks to everyone for their thoughts and comments!
  2. So custodial parent went and filed with DCSS instead of filing contempt. Custodial parent claims arrearages ( which are false/ I have all pay receipts ). Per DCSS I have an opportunity to object to this at which I believe a hearing will be scheduled to contest this amount as well as what DCSS is claiming. DCSS is claiming child support will be the $1168 a month and not the step down amount of $988. If judge finds in my favor is there any possible ramifications / sanctions to custodial parent for filing this false arrearage?
  3. “ Susan” lived with me from 2014-2017. She decided to start being a rebellious teenager. She began being disobedient. I was holding her accountable for her lies / actions.For instance, she left school early one day with another student and drove that student to our home in the middle of the day. She didn’t like her car keys or cell phone taken from her. She didn’t like our rules and decided to move in with her mother ( where there are no rules or accountability ) She missed 19 days of public school after she moved in with her mother. Mother withdrew her 2 months into 2017 11th grade school year to “ homeschool “ to avoid truancy. Between the 2014 divorce, a 2016 modification and 2018 modification ( Susan leaving ) the attorneys fees are unbelievable. Susan is of age to tell the judge she wants to live with her mother; and in the state of Georgia you can dropout at 16 with a parents signature. Her mother signed the withdrawal forms as she became the primary custodian per modification. For the last 5 years I’ve fought for my children and their education and 3 of my 5 have chosen the path of least resistance: “ if I live with mom I can miss school and not do homework.” At this point financially I have to rely on DFACS and social workers to hold her truant. My boys missed 40+ days total last year and she avoided truancy by switching schools mid year. They also are of age to tell a judge they prefer to live with the mother. I call the schools and they pretty much blow me off.
  4. Oh yes PayRollGuy, extending high school to extend child support. “ Susan “ was an A/B honor roll student, involved in French, Drama Club, HOSA club and played volleyball for the public high school. There is NO reason, other than lack of proper education, should she have remained in 11th grade from August 2017-TODAY.
  5. OH yes!! very litigious, manipulative and vindictive; impossible to have any kind of rational conversation; willingly remains unemployed
  6. Ok so here is the court order with some names and dollar amounts: “ Susan is due to be emancipated within two years, anticipated upon her graduation from high school, occurring after her 18th birthday ). In compliance with OCGA 19-6-15, worksheet C reflects Petioner as legal custodian of Bob and Jeff and shows the step down in support after Susan is emancipated. Beginning one month following Susan’s emancipation, Respondent Father shall pay $988 total monthly support.” It just seems to me that child support doesn’t stop but seems to be ordered to reduce after Susan is emancipated?thank you guys so much for your input. It seems that despite our every effort to prevent returning to court by providing a step down provision we are going to have to head that way again 😞
  7. So, we have conflicting answers. Adjusterjack says follow the court order and Legalwriterone say follow the statute. I guess the only true answer would be pay up AGAIN and get in front of a judge. 😣
  8. The whole idea behind including the “ step down “ in support was to avoid going back to court for another modification. The “ loophole “ is the part of the order that states “ ANTICIPATED UPON GRADUATION OF HIGH SCHOOL, OCCURING AFTER 18th BIRTHDAY.” But this could allow a dropout to continue receiving support after 18th birthday. This is what the custodial parent is basing her argument on and says she must graduate; not just be 18. But to me it plainly states to pay the step down amount one month following the 18th birthday. Thanks for your comments.
  9. But THIS court order does not state to pay until 20 if in high school. It states to apply the step down amount one month following ***’s emancipation?
  10. Court order: “ child due to be emancipated witching 2 years ( anticipated upon graduation from high school, occurring after 18th bday). Worksheet shows a step down in child support once *** is emancipated. Beginning one month following ****’s emancipation, father shall pay $$$ in monthly child support.” Child is 18 years and 8 months old. Age of majority is 18 in state of Ga. therefore child is emancipated. Child has been in 11th grade homeschool for the last 3 years. Child’s “ anticipated” graduation from date of court order was May 2019. Apply step down amount of child support?
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