CS Question

MaryH:-) · July 2011

Divorce Agreement states that child support is to end when child is 18 or has graduated high school. Child is 18 and has graduated high school. Child will be attending College. It's my understanding that custodial parent could go to court and have CS modified to extend through the age 21. If custodial parent and non custodial parent live in different state which state would file? The original state where non custodial parent lives? or the current state that custodial parent lives?

Sorry for the vagueness. Using an AE to avoid more ugliness. TIA

Jessys_Girl · July 2011

I was unaware that child support could be extended to the age of 21. If the court order states "18 years of age or graduated high school" and the child has reach both milestones then CS should have already stopped.

That being said, if in fact the custodial parent wants to file for the extension, they would file in whatever state the court order is from.

KreativeKirl · July 2011

In AZ the CS can be extended if the child is attending college and is under 21. It is required that either the CO be extended for the new ending date or re-calculated. My understanding is that all modifications to the CS order need to go through the court where the initial CO was made. For example, if you file in AZ but then move the child to TX you have to file in AZ for the modification. Each state and case if different but that is what we have been told in AZ.

J+R · July 2011

My DH is required to pay until SD is 23 years old (regardless of education status, marital status, etc.) which I think is bullsh!t.

J+R · July 2011

My DH is required to pay until SD is 23 years old (regardless of education status, marital status, etc.) which I think is bullsh!t.

I also have to say that the NCP having to pay for college is also bullsh!t to me. When parents are married they aren't "required" to pay for college - so why is it any different if the parents are not married, etc. ?

wwnbw · July 2011

J+R:

My DH is required to pay until SD is 23 years old (regardless of education status, marital status, etc.) which I think is bullsh!t.

I also have to say that the NCP having to pay for college is also bullsh!t to me. When parents are married they aren't "required" to pay for college - so why is it any different if the parents are not married, etc. ?

WTF?! How did that even happen?

karatechrissy · July 2011

J+R:
My DH is required to pay until SD is 23 years old (regardless of education status, marital status, etc.) which I think is bullsh!t.
I also have to say that the NCP having to pay for college is also bullsh!t to me. When parents are married they aren't "required" to pay for college - so why is it any different if the parents are not married, etc. ?

I agree 100000%. And how the eff was 23 figured out?? Random. I feel like taking my dad to court to pay for my education. I was cheated! :-/

hterry85 · July 2011

I think this varies by state as to whether it is even an option. I believe you would have to start in the state that the current CS order is through. And then it would probably get switched to whichever state the child currently lives in primarily (as it sounds like this has changed)

And to respond to PPs, DHs mom had to pay CS for him through college, which was nuts since he hadn't lived with his dad since he was 16. He was still is school when we got married, so she paid CS up until then. She was paying CS for DH, while he was paying CS for SS. How f'ed up is that?

odear · July 2011

hterry85:

I think this varies by state as to whether it is even an option. I believe you would have to start in the state that the current CS order is through. And then it would probably get switched to whichever state the child currently lives in primarily (as it sounds like this has changed)

And to respond to PPs, DHs mom had to pay CS for him through college, which was nuts since he hadn't lived with his dad since he was 16. He was still is school when we got married, so she paid CS up until then. She was paying CS for DH, while he was paying CS for SS. How f'ed up is that?

That sucks! The standard TX order has a clause that if the child gets married then CS stops. That should be standared everywhere!

And I could not agree more with the statement regarding NCPs being reqired to pay for college when this type of requirement is not something imposed on intact families!

angelame1979 · July 2011

I agree! Do I think you should stop helping support the child, NO but I don't think support payments should go to the OP anymore. At 18 they are able to support themselves by getting jobs. I was raised by my dad stopped and he stopped paying for stuff for me when I was 18 probably sooner than that. I still lived under his roof but he didn't buy my stuff. He still helped me out from time to time though. I think you can help the child out as needed.

Ginlyn0 · July 2011

I don't think CS should extend into college.

However, I think it sucks that we can't get CS for my 18 yr old nephew who is living with us and still in high school (he graduates this next year which is ON time for him due to his late birthday and being held back in 1st grade). He dropped out last September when he turned 18 for 2 months during which time my ex-SIL ran down and immediately stopped the CS my brother was recieving. Flash forward to him moving in with us and going back to high school and there isn't a darn thing we can do to get any help from either of them to help out with his expenses because he made a mistake and dropped out for 2 months and they won't take responsibilty for their kid. We can't "re-open" the CS case because he's over 18 now.

J+R · July 2011

wwnbw:
J+R:

My DH is required to pay until SD is 23 years old (regardless of education status, marital status, etc.) which I think is bullsh!t.

I also have to say that the NCP having to pay for college is also bullsh!t to me. When parents are married they aren't "required" to pay for college - so why is it any different if the parents are not married, etc. ?

WTF?! How did that even happen?

There are only two states that this pertains too... Massachusetts and Hawaii. I hate it. I do know that MA was revising their laws so that their CS laws match the other states. We want to go back and have this revised because it is utterly ridiculous!

J+R · July 2011

wwnbw:
J+R:

My DH is required to pay until SD is 23 years old (regardless of education status, marital status, etc.) which I think is bullsh!t.

I also have to say that the NCP having to pay for college is also bullsh!t to me. When parents are married they aren't "required" to pay for college - so why is it any different if the parents are not married, etc. ?

WTF?! How did that even happen?

There are only two states that this pertains too... Massachusetts and Hawaii. I hate it. I do know that MA was revising their laws so that their CS laws match the other states. We want to go back and have this revised because it is utterly ridiculous!

hopanka · July 2011

wendilea:

Forcing the NCP to pay for college is a hot button for me. Our oldest 2 are supposed to start college this year.

My son, A, is going to a community college, in state, living with my mother. He gets Stafford loans (doesn't depend on credit) that will cover everything, despite the insane amount of money the Dink makes. But, he's doing it on his own.

SD1, S, chose an out of state 4 year college that doesn't even offer her major. She wants to be a vet tech, which they offer at the community college 20 minutes from her home, but she is "too good" to go there. Instead, she's going to a 4 year college that offers "Pre-vet" and try as I might, I cannot get her to listen to me, that pre-vet and vet tech are 2 very different programs. Her mother is laying it on DH thick, saying "IF S gets to go to college, because legally you have to pay for 1/3" There is nothing in the CO that says he has to pay for college, she hasn't discussed college with us, we don't APPROVE of the college she's going to, so no, we're not footing the bill. Then last week she was with SIL and let it slip that she hasn't even completed her FAFSA - so she's not going to college anyway. She's just going to blame it on DH for her poor choices.

I used to manage the Financial Aid department of a private online college. I know A LOT about financial aid. And I do believe that kids can pay for it themselves if it's something they really want to do. No one paid for me to go to college. I certainly will help, but I don't believe in free rides - I think the kids that work for it get more out of it.

I totally agree with you, Wendy. I finished college on two scholarships - athletic and academic. It's doable, if you want it bad enough.

Look at me funny all you want, but I do NOT have a college fund setup for my DS.

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