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Those which kids from prev relationship - and get child support - a ques
Colin is 17, and I will contiue to receive child support until he is 21 yrs old. I have full custody of him, and there are no legal vistitation requirements. That said - he sees his father over Christmas break, and then again for a week in the summer. (He lives about 3+ hours away)
Colin is a senior in HS, and for the past 2 years, his plan after HS was to go to a local community college. Fine.
About a month ago, he decided that he might want to "go away" to school. His grades are really not that great, and he would still probably have to go to a community school for a year.
Over Christmas break, the topic came up with his father. His father told Colin he could live with him and go to a local community college there. His father would set him up with a job, and Colin's grandmother has a old car that he could use.
The fact that Colin was even considering this is odd - since he has no real relationship with his father. His father calls on his b-day (sometimes), and then usually the week before a visit.
I think it is nice that he wants to have a relationship with his father. Seriously, I am 100% on board with this plan.
HOWEVER - how would this affect the child support? Colin would be paying for school himself - with us "helping" where we can (just like I did when I was in school). He would not be paying rent as his father's house. But, his father would (of course) be paying for all his food, etc.
On a side note - I don't have any income since I am a SAHM. So, even if Child Support stopped on his end, would I be responsible for child support since I have no income?
We obviously depend on that money.
I really can't tell him that he can't go - he will be 18 soon and can do whatever he wants.
anyone have experience with something similar?
This discussion has been closed.
Re: Those which kids from prev relationship - and get child support - a ques
My DH has a DD from when he was 18. Mother moved to another state. Since we live in Illinois DHs child support is done through Illinois and it is goes by the Illinois state law and court system. I would look into the laws of the state. I know in Illinois the non-custodial parent is the one who has to pay child support. They do base it on his income and he has to pay a % of his income each paycheck directly to the state who then sends the money to her state who then pays her.
The lawyer we hired said if DH would have DD at least 6 Months out the year he would not have to pay support as he would be a custodial parent. That is not possible since they live so far away.
I would look up on your states Department of children welfare website and review the laws they have in place in regards to child support. Many states stop child support at 18.
Hmm, I think this is a lawyer question.
It's certainly possible that if his bio dad seeks to amend the CS they would take the new living arrangement into consideration.
One possibility is the money would be paid into an account directly for him without either of you paying the other since he's over 18 with BD paying slightly less since he's living there.
Another is BD or you paying that way and the other not.
I'd start preparing not to have it to be safe, I.e. examine the budget for cuts, etc.
I agree that I think you need to talk to a lawyer. There is nothing that he would be able to claim or demand without a formal amendment to the custody and support agreement, which depending on what's allowable in your state, may be able to be done through mediation.
I honestly think if his father requests it, you may need to reconfigure the support agreement to temporarily address this situation. I'm not a lawyer, but can't see a judge ordering him to pay you child support when Colin is not living with you and not being supported by you and IS living with and being supported by his father. Unfortunately "depending on that money" is not a valid reason, as the money is intended solely to support Colin and not any other members of the household.
Considering this is temporary and you still will be supplying him with money to help him out, maybe clothes etc, and that you still have to pay for a home large enough to accommodate him upon his return, a fair temporary resolution (if his father requests a change to the current support order) is that he stops support payments for the time Colin is living with him. I'm not sure whether you'd be ordered to pay support - if you don't have an income, I'm not sure what they'd base it on or if it can be based on your DH's income (I'm Canadian, things are different here).
It sounds like a great opportunity for Colin. I'm sure you'll work it out. Let us know how it goes.
These were pretty much my points but wanted to add, it's harsh but, you absolutely could be ordered to pay support (but I do think it's more likely that the resolution here would be his dad just stopping support) and unfortunately it doesn't matter that you aren't employed. It never matters when a non-custodial father isn't employed, he's still expected to pay and racks up back support when he deosn't. It wouldn't be different for you, if it's ordered that you pay. But, whether or not you would be could go either way.
And at least here, in my state, the spouse's income is NOT (and can't be) considered into the equation. So, that obviously works in your favor, your support expectation wouldn't be very high (if you had one).
Good luck to you! I hope you can work this out in a way that everyone is comfortable with.
ETA: If the dad's in another state, it could be that support ends at 18 there (it does here and lots of others) and it wouldn't even be an issues, since the case goes where the custodial parent is.
A lawyer is the only one who can give you good advice. But if fathers can't avoid paying child support by not working then I don't think you could either. It seems like in those situations there is a minimum that can be ordered. Is he the vindictive type? If not I would guess he would look to stop the child support and not go after you for additional.
Thanks for all the replies. I have spoken to the Child Support Enforcement Unit, and they said that if living arrangements change, the father can ask for a modification of support. He can also then request Child Support from me. However, since I have no income, I would be required to pay the minimum support amount, which is not high since it is based on zero.
When I say "we depend on the money" - that money DOES go to the support of Colin, even not in a direct way. Higher food bills, elec bills, heath insurance, (MUCH) higher car insurance premiums (since he is of driving age).
We obviously would have lower food bills, and lower everything else that is a direct expense (food, clothes, travel, etc)
The support order is in NY, where we both lived when the order when into effect. I now live in NJ - but the order is still in NY. In NY, child support continue until age 21.
Of course this could be a moot point - he might not even go
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