child support and college?????
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what is the deal with Child Support if the kid goes to college. is it different if kid commutes?
just wondering about what i am in for in 2 years when Skid turns 18.
they have NEVER been to court. there is no legal doc's re: child support etc. Dad just pays his 850 / month plus the extra shit
no "formal" legal document.
Depends on your state. You do
Depends on your state. You do not have a legal doc, but there MAY be a way for BM to request it. In my state, CS can be ordered through college. My DH just had CS formally stopped, but if his son wanted to go to college, CS would have continued, possibly for 4 more years.
I know that in some states, when the kid turns 18, the CS is over, but not in other states. Also, in our case, if DH's son decides to go to college soon, BM can initiate a new claim, and have CS restarted. This was NOT something DH agreed upon with BM/during the divorce. It is considered standard here, unless there are certain circumstances. My DH does not make a whole lot of money, either.
ETA: Commuting makes no difference here-CS would be the same, and continue to go to BM if the kid wants to go to school.
ETA: We are in the same state, so you may have to pay through college. I have heard it is very difficult here to have CS stopped when the kid graduates/turns 18 and wants to go to college. In our case, the kid barely made it through high school and refuses to do anything productive, so college is probably never going to happen. Also, there cannot be a break-if the kid graduates and wants to go to college NEXT year, that is considered a break from school, as far as I know, meaning CS would not have to be paid. I do not know how long a break is formally considered to be.
OK - but if we pay child
OK - but if we pay child support - could we be required to pay 1/2 tuition and expenses too?????
(i am in NJ)
I THINK, I am not sure, that
I THINK, I am not sure, that if your DH makes a really good income, he could be forced to pay for college. I know someone that happened to, but he fought it in court bc his daughter was partying and failing everything. I do not know how they decide when a parent must pay for college. My parents were divorced, but I was an honor student and paid for my BA with scholarships and grants. There was no way my mom or dad could have paid my way.
New Jersey is a state than
New Jersey is a state than can order child support and college tuition. I know a man who is still legally forced to pay for his 23 year old son which is absolutely ridiculous.
New Jersey has a weird 14 point criteria chart used to determine if and what the parents can pay for college/support. I suggest you speak to an attorney well versed in family law in your area.
Yep. I know someone who had a
Yep. I know someone who had a nasty battle over this in court-he was paying CS and college costs, and the "kid" was partying and failing classes.
Definitely need legal advice!
NJ is extremely strict with
NJ is extremely strict with child support.
BioParents decided that college will be split 50/50 - but the way BM is... i wouldnt be surprised if she was assuming she will still get all $850/month.
She IS probably assuming, and
She IS probably assuming, and she may be allowed to continue to get it, bc from what we were just told, DH would have had to keep paying CS if his son went to college. College costs were not discussed, and I do not know what would have happened with that. We could never, ever afford that.
How come divorced kids can
How come divorced kids can force a parent to pay for their college, this I never understood. A kid from a non divorced family can't force a parent to pay for college.
I agree! What I do not
I agree!
What I do not understand is why I have a ton of debt from my Master's degree. I took a loan. If you do not want to do that, do not go to school. I do not understand why parents are forced to pay for college.
Whaaaaat?? Are you serious?!
Whaaaaat?? Are you serious?! I had no idea kids of divorced parents were "entitled" enough to FORCE their parents to pay for college! WTF?! Kids of non-divorced parents are lucky to get the boot & an eviction notice on their 18th birthday! This just cannot be real! :jawdrop:
The logic is that if the
The logic is that if the parents had stayed married, that the child would have had college paid for so the court will make sure that the child does not suffer due to the divorce. Of course, this isn't ordered for low income parents; and at least be of the parents has to want it in the order. My bio dad was ordered to pay 1/2 of each of our tuition.....never happened, our stepdad did.
My SD's parents were never
My SD's parents were never married. He brings in a mid-range income, between 40-60k, depending on the amount of overtime he can arrange. According to our attorney, he WILL be ordered to pay CS until SD graduates from college or turns 22, whichever comes first. This is after thinking for 16 years that CS would end at 18. BM caught wind of the change in our state, and filed for a full CS mod last month, six months from SD's 18th birthday. This is NOT a "special" provison for rich parents.
http://www.mrcustodycoach.com
http://www.mrcustodycoach.com/blog/require-non-custodial-parent-pay-coll...
Many states end CS at 18 or at high school graduation; whichever comes later.
Hope this helps.
Unfortunately, this is not
Unfortunately, this is not the case in my state. Had DH's son wanted to go to college, DH would have had to pay CS for potentially 4 more years. The CS never even went to the son, as BM used it for her own needs-cigarettes, fast food, and lottery tickets.
We had CS formally stopped a few weeks ago, but if the son suddenly decides he wants to go to school soon, DH will have to pay again-BM can initiate a new claim for CS while the kid is in school. DH's son is a 19 year old, pot-smoking, lazy, nasty person who does not even speak to DH bc DH married me.
Boy do I feel your pain,
Boy do I feel your pain, don'tcallme. SD17.5 doesn't speak to her father either, because "he's SO mean!!" ~insert foot stomp, and whiny voice~ He's not good enough for her to bother with, but she'll happily take his hard-earned money. My question in all of this is: Who in the f*ck does a law like this help?! SD will still have to include DH and BM's income on her FAFSA application, she'll also have to claim the CS as income, along with her part-time job earnings. With all of that considered, she won't qualify for much financial aid or need-based educational help. And with DH paying CS, our debt-to-income ratio will be far too high to help by co-signing student loans, and BM has the worst credit imaginable and minimal income (by choice, chronically-underemployed). (At least that's what I believe, seeing as she just went through bankruptcy and is paying 32% APR on her vehicle. She makes the equivalent of $23.80/hour, but only works 18 hours/week.)
If they would just lay off of DH's wallet, SD could actually qualify for a lot of low income programs since BM is the CP. Unfortunately, they are both too busy being spiteful and angry to think about silly stuff like that. It's just SOOOO much fun to watch the man that you love be treated like a worthless piece of sh*t and an ATM, and in the same breath be called a dead-beat. WTFE.
We have nothing in the CS
We have nothing in the CS that says he owes for college. In our state it can be required. We have no child support for either kid now because each parent has one child and they agreed to no support if the other would stop fighting for the kid. So we have in the agreement nothing after 18. Insurance we have to carry on both until 19. BM pushed that and DH conceded to get custody of SS.
Every state is different. But, not having a formal agreement is going to bite you back. Everything he has done above traditional support will be seen as a gift. Get a formal agreement.
I've only heard of CS being
I've only heard of CS being ordered upon the unusually rich in California although even then it may have been accepted by the payer of support as a part of negotiations.
Under normal circumstances for normal people I would not worry about it and one escape could be to leave the state. Easier to do on the east coast than the west.
The whole concept is silly as someone previously mentioned if there were no divorce the kid is out of luck.
It is actually very common,
It is actually very common, in many states, affecting middle class families.
I've only heard of CS being
I've only heard of CS being ordered upon the unusually rich in California although even then it may have been accepted by the payer of support as a part of negotiations.
Under normal circumstances for normal people I would not worry about it and one escape could be to leave the state. Easier to do on the east coast than the west.
The whole concept is silly as someone previously mentioned if there were no divorce the kid is out of luck.
the parents make about the
the parents make about the same. between 50-60K/year.
Lucky us, we get to pay CS
Lucky us, we get to pay CS for SD through college graduation, or age 21, whatever comes first. It's f*cking bullish*t. Our bios won't have a $700 monthly stipend when they're in college...they're on their own unless we win the lottery. The kicker? DH's original CS order stated through age 18. BM just filed for the extra FOUR YEARS of CS a month ago...SD is six months from turning 18!! FML. It just never ends, does it? SO HAPPY that my DH gets to miss out on the formative years of our bios so he can either work sh*t tons of OT or get a second job for the ingrate. SD will likely be emotionally blackmailed by her BPD BM to hand over the CS each month, even though she won't be living in BM's home, and BM won't contribute a dime towards her college anyway!!
If someone would have told me that this would be how our lives would turn out, I would never have believed it. It's just un-f*cking-real. Listen up men!! Don't think with the wrong head, or your ONS will turn into a life sentence. My DH doesn't even get the benefits of a loving relationship with his daughter. She PAS'd out a long time ago. It's almost the same as us paying for a neighbor's kid to go to college, while our bios suffer.
It depends on your state. In
It depends on your state. In our case if SS attends college then CS continues until his 22nd b-day with CS going directly to SS after his 18th birthday instead of to my DW. That is a state stipulation and not an element of our CO.
The fun part .... he is in school and is in the USAF who pays for his school and the SpermIdiot would still be on the hook for CS even though SS is self supporting. }:)
But, we raised our kid (my SS-20) to be a young man of character and he will not collect his rightful benefit from his idiot SpermDonor. The SpermClan has guilted him out of it by playing the "if you make your dad pay CS you will be taking food out of your youngers siblings mouths". My perspective is that the SpermIdiot going on to have three more also out of wedlock spawn by two more womb donors is not my Skids problem and if I were my SS I would have the idiot father paying every penny possible.
But, my son is a better man than I.
Being in the military is
Being in the military is almost always considered an emancipation of a "child". In fact, I have yet to hear it go the other way. No way the kiddult could "be in the mililtary" in college, I am assuming ROTC, getting E-3/4 pay and still getting child support. That is an easy stoppage of support payments.
Yep, except the SpermIdiot is
Yep, except the SpermIdiot is an Idiot without the brains to stop it if my kid would just nail his worthless SpermIdiot's ass to the wall. The state law says nothing about stoppage of CS due to full time employment. It only says if the kid is a full time college student in good academic standing with the school that the kid is eligible for CS from the NCP until the kid’s 22nd b-day.
But, the kid won't do it so it is a mute point. He has allowed the SpermClan to guilt him out of holding his idiot SpermDonor responsible for supporting him to the full extent provided by the law.
Again, my kid is a far better man than I. If I were my kid I would have that dirt bag living in a box under and overpass. But, that is just me.
Leaving the state wouldn't
Leaving the state wouldn't help us because BM and SD live here, so all court docs and proceedings have to be filed in this jurisdiction. According to our attorney, DH WILL be on the hook for CS until SD's 22nd birthday, because "that's just how it works now". Awesome.
We are hoping to be able to add a few stipulations to the final CS order: a) SD MUST be enrolled in school on a full-time basis, b) SD must maintain a "C" or better GPA, c) BM must also be ordered to pay CS to SD while she's in school (why is it only dad's job if SD isn't living with BM?), d) DH and BM "switch off" on claiming SD at tax time (if SD isn't residing with BM), e) SD must provide proof of full-time school enrollment EVERY term, as well as a transcript of her grades showing all C's or better, f) BM must keep SD on her health insurance policy (in addition to DH's) to reduce out-of-pocket medical expenses, g) SD receives NO CS during summer break if she's not taking classes, (she should be working full-time), h) failure to do any of the above will result in an abrupt end to CS.
That's what we *hope* will happen. But then again, who knows. Honestly, we're still trying to come to terms with the fact that CS will have to be paid for four and a half more years. That came out of nowhere, and has drastically changed our future financial situation. We go to court on Tuesday....so I'll post an update on how things shake out.
In our case the original
In our case the original court maintained jurisdiction over our CO because the SpermIdiot still lived there. We could have changed venue when we moved to Tx. DW is the CP and we could have changed venue for our Custody/Visitation/Support case once SS was resident in Texas for 6mos.
We never did change venue though CS would have more than trippled if we had but visitation would have nearly doubled and no amount of money would justify forcing SS to spend any more time with the shallow and polluted end of his gene pool. So, we kept that as a club to smack the SpermIdiot and SpermCLan with when they got upity. The threat of trippling CS when DickHead was not paying it and his mommy was kept them in line when they decided to get pushy.
Good luck in court but don't expect to come out of court feeling good regardless of what the Judge rules. Though we consistently won in court and got ~85% or what we wanted and the SpermClan got 0% of what they wanted it was never a good feeling.
Again, good luck.
Child support would stay with
Child support would stay with the payor. It would not change because you left the state. This stops custodial parents from forum/venue shopping-which is not allowed.
According to our attorney,
According to our attorney, Williamson County stipulates that it can assume jurisdiction once the child has been resident in the county for 6mos upon the request of the CP. We never changed venue because Wm Cty could have also ~doubled visitation while ~tripling CS. We just used it as a stick to beat them in to submission periodically. The threat of increased CS was a terrifying prospect for them even when CS was only $133/mo.
Sure they could have tried to counter the stick but they are too stupid to even try. Instead we kept jurisdiction in OR to minimized their toxic time with the kid. The original OR court ordered 7 weeks of visitation a year at most and it was often far less than that due to their inability to afford half of the travel costs.
We used the tools where we found them. Ignorance of the tools and available laws can be a strong advantage to play against an idiot blended family opposition. Over time we pulled excerpts from the CO, the OR local rules, OR state law, Tx state law and Wm Cty regulations and used any useful elements from all of those sources to guide the SpermClan generally to where we wanted them to go.
It usually worked well for us. They did not always go exactly where we planned and wanted but more often than not they did what we wanted them to do.
We never denied visitation but we sure did not allow them to play games with it either. When they hit periods where they could not afford their half of travel costs we would occasionally pay for all of it if it had been too long since the kid had seen the SpermClan. Our goal was what was best for the kid and we never intended to prevent him from knowing the shallow and polluted end of his gene pool.
I agree that generally the systems are in place to prevent CPs from shopping for CS money through jurisdiction hopping. But, there are some exceptions that seem to play along length of residency in a different jurisdiction.
Interestingly, when DickHead moved to a different OR county the SpermClan switched jurisdiction to that county in a hurry because SpermGrandMa's cleaning service had far more accounts with Judges and Attorneys in that county than the previous one. To no avail. We still shredded them even in the new court.
I am not an attorney. I am an engineer and an entrepreneur. I make a living troubleshooting problems and finding solutions. I took the same approach to our Custody/Visitation/Support problem and devised solutions that worked. I used legal services when necessary to help execute my planned solutions to applicable problems. If one attorney was ineffective I found one that was effective in working to deliver to our expectations.
Not an easy series of problems to address but they are addressable.
In my experience and opinion of course.
I agree with all of this,
I agree with all of this, except... the home state advantage idea. In my experience, it becomes the home state of the CHILD, regardless of who files.
G, Good thing the Skid is now
G,
Good thing the Skid is now 20 and has aged out from under the Custody/Visitation order. It is my understanding that he can still go after support for another year or so but won't. Once he turned 18 the CS obligation from SpermIdiot would have paid directly to SS.
You are right about the SpermIdiot not being astute. SpermGrandMa tries to be but fails miserably. It is after all a very shallow and polluted gene pool. Good thing my wife has the superior genes and the Skid is a mutant from the SPermClan gene pool perspective.
We were fortunate that they were not more astute during their toxic stages when SS was young. If they had been more astute we may not have been able to successfully filter out their crap from the kid's character.
I suppose we dodged a major bullet on that one.
Best regards,
If there's no formal
If there's no formal agreement (i.e. CO), then you have nothing to worry about unless the BM realizes there's no order and takes him before the skid becomes an adult.