Procedure to End Support When a Child is of Legal Age
The first thing you have to do to end support when a child is of legal age is being well advised by a family lawyer who knows about these procedures and has previous experience in them because here mistakes are expensive. Secondly, what you have to do, is through your lawyer and attorney is to file a demand for modification of measures through which you request the extinction of the support of the children of legal age. Child support is something that should be taken seriously, not only for your benefit but also for the children involved.
The Process
The process to file a demand for modification of measures that gives rise to the request for the end of support of the children of legal age is the following:
- Preparation of the claim by the lawyer
- Filing of the demand for modification of measures requesting the extinction of the support of children of legal age and, alternatively, the establishment of the payment of the support for a specified time
- Admission of the claim by the court
- Communication to the opposing party of our claim, granting him 20 days to answer
- Signaling by the court of the trial date
- Holding of the trial
- The judge passes sentence
Clarifications
Within 48 hours, both parties can request clarification on the parts of the sentence that are not clear. The judge may explain some of the nuances, but it is the attorney’s job to give his client a rundown of what to expect, and what happens next.
The Alternative
Alternatively, a date has to be set for the expiration of the support of the children of legal age automatically. So if the judge does not estimate the end of the support of the children of legal age, it can estimate (if you request it) that an exact date be set from which you will not have to pay support. In this way, it is automatically ended without the need for you to go to another legal procedure. The sooner a lawyer litigates the case for you, the sooner you can stop paying child support or alimony. However, if the child is disabled, most courts may not allow it. A good attorney will advise you on how to handle it.
Conclusion
Payments for child support are not automatically stopped when the child reaches the legal age of adulthood. If you are paying child support, you must ensure that you ask for an end of it once your child is emancipated or has reached the majority age. An attorney will help you figure out or ask for an end date as well as knowing your specific responsibilities and rights, depending on your particular circumstances. It is important that you know when you can stop paying child support. If you are having problems, you may need divorce litigation where an attorney represents your case. Therefore, it is always good to seek good legal advice, starting now.
