Chils support after 18?
First let me say that I'm a firm believer in when the kid is 18 child support stops weather they are in college or not. Anyway my question is this, what are the chances of bm getting an extension on cs once they turn 18? It says in dh's papers that cs is to stop at 18. She tried to get dh to sign papers that he would have to pay half college and cs on top of that along with alimony to her and her mom and her dad and her aunt. Yep she is loony.
So if the boys go to college what are the chances of bm getting more cs? Plus she has the mentality that dh should pay her for the rest of her life just b/ c she gave birth. I have a feeling she will not sign the papers to stop it when each one turns 18. She doesn;t work, her choice and expects dh to support her. Of course she is on food stamps and housing. I have been there done that and I know how easy her life is although I did work the entire time and full time at that.
No the boys do not have any kind of disability. She would be mortified to even think they could. I know that ss14 has to be adhd! I have experience with that.
Any thoughts?
SO's CS order clearly states:
SO's CS order clearly states:
"The support obligation for a child continues until that child reaches 18. The support obligation for a child continues thereafter until that child reaches age 19 years and 6 months, as long as the child is regularly attending high school full-time with a reasonable expectation of graduating, and the child is residing full-time with the support recipient or at an institution."
BM will read this as: I still get CS until child reaches the age of 50 years old.
I think its crazy that they
I think its crazy that they (judges/whoever else) EXPECT parents to pay for a child's college. My mom had to live paycheck to paycheck with me and my brother. I was lucky enough to find scholarships to pay for most of my schooling. That's what jobs are for. And who knows if dh gives the money to BM that the money is really going to college? I think its all fine and dandy if the parents want to help pay for a child(well not really a child anymore!) to go to college, but to be court ordered... I dont agree with that. My dh already has a savings account for sd for when she goes to college, I think its wonderful.
I think that since its in the court order for your dh to stop paying at 18, then bm will have to hire an attorney and have to really fight for it to get reversed.
I totally agree with you. my
I totally agree with you. my parents couldn't afford to send me to college and I knew it and NEVER asked them to help me out. I got a J O B! They would come by and buy food and little things like that for me but I never expected it.
I have always heard the only
I have always heard the only way you still have to pay CS after the said child is 18 is if the one paying owes back CS (is'nt caught up with payments) it could have changed or might be different in different states.
Yep so will my bm. and yes it
Yep so will my bm. and yes it reads the same way but all my stepsons will be 18 when they graduate. So I;m sure bm will just simply refuse to sign the paper work and we will have to take her court to get it stopped. Also if that happens will be get that money back that she is not entitled to? I heard no and I'm not happy about that. I mean what she will do is wrong and stealing in a since and they will let her keep it?
Really? BM has to sign
Really? BM has to sign paperwork to get the CS stopped?? I was under the impression that when the child turns 18, SO just goes to Friend Of Court with the CS Order and child's birth certificate and they order it stopped.
Now you have me wondering what has to be done. I have 2 years, 10 months and 5 days to figure it out. Not that I'm counting down or anything
HAHAHAHA!!! "I have 2 years,
HAHAHAHA!!! "I have 2 years, 10 months and 5 days to figure it out. Not that I'm counting down or anything." That's hysterical!! LOVE IT!!!! Thanks for giving me a good laugh today - I needed it (and I can relate to your "non-countdown").
I'll have to break my calendar out and "not count down" how much time we have left with BM on our payroll, too!
My opinion is that it is
My opinion is that it is wrong to make a parent pay for college. College is an option and if the parent wants to help then they should but to be ordered to pay after said child is legally an adult and in the eyes of the law responsible for themselves? UMM NO. Also for a person (said child or the bm) to expect that someone else will pay their bills is wrong too. It should NOT be expected period!
What state are you in? What
What state are you in? What would be the basis of the request for modification (like what school tuition is? Out of state fees?) I am not sure why the courts would see this as a CS issue if the "child" were no longer a child, but an adult??? Just wondering
Yes it is and it says that
Yes it is and it says that once they are 18 it stops but I know my bm and I know that she will try to make dh pay more. She will try to take him to court and make some kind of plea about how she needs it to be extended or something. The reason I know this is b/c she originally tried to get dh to pay 1/2 of each boy in the original divorce. AS I said before she tried to get dh to pay more then what he was making as she wanted dh to pay alimony, cs, and to pay her mom, dad and aunt so much a month b/c they help her with the boys. HOG WASH! It didn't fly then simply b/c she was asking for so much. But now I am wondering when the time comes she will try to get more saying they are in college and blah blah blah!
I was under the impression that bm had to sign and send in the necessary paper work to prove that they are 18. But if we can do that then, I think I'll have dh call his case worker to find out what he needs to do. thanks
I know a friend of mine who
I know a friend of mine who is married to man who has 2 children. One of them was still in high school when he turned 18 and the CS stopped. The court even made the BM pay back the extra month of CS she received. I guess it all depends on your state.
If the divorce decree clearly
If the divorce decree clearly states that CS ends at age 18 then I would think that would be the case. Your BM could ask for a modification but I know when they drew up mine...they clearly ask you at the time how you want that to go and I'm wondering if a modification was asked for they wouldn't wonder why she didn't ask for that when the CS order was first done.Modifications are usually asked for when situations change (one parent moves or has an income change)and I don't know where that would fall. I don't really know though and I'm sure each state is different.
SO had his CS modification
SO had his CS modification done early 2010 to get it lowered. It states that a modification review can only be done every 3 years and BM had 21 days to contest the CS order. She didn't contest it either because she didn't understand what was happening (which is very plausable) or because she has her own set of orders, in her head, that says what she wants them to say. So, by the time she can ask for a modification SS will just shy of 18. Working a microwave takes alot of brain function for this woman so I'm quite sure that she wouldn't have a clue how to modify an order.
Although you'd be surprised
Although you'd be surprised about how "resourceful" these otherwise stupid BM's become when it has to do with staying on the "gravy train" of CS or not...
Even the dumbest of BM's seem to somehow become very informed about what they are ENTITLED to under the state's laws when it comes to MONEY from their ex...
That's why I NEVER ASSUME that our BM is too stupid to figure things out when it comes to lining her pockets with more of my BF's $$. Don't get me wrong, in her everyday life, she would normally have trouble finding her way out of a paper bag. But when it comes to getting MONEY from her ex...I wouldn't put it past her to become Einstein about the New York State "pro-BM" child support laws.
When in doubt, ALWAYS stay on your toes with your BM - don't assume she's too stupid to modify an order, even though she doesn't have the brain capacity to work a microwave oven. She'll find a way to figure it out - they all do...
SS15's 18th birthday and
SS15's 18th birthday and graduation will happen at pretty much the exact same time so at least that is one thing we don't have to worry about.
As far as college, SO has pretty much conceded to the fact that we will be the ones helping. That's okay by me. But, I do know that any money we contribute will be going directly to the college itself. BM can't even help with regular school stuff now, she sure isn't going to help with any college costs. If we left SS's future up to BM, he'd end up in the gutter just like her. I don't want to see that happen. He's a great kid and that wouldn't be fair to him.
I didn't say we wouldn't help
I didn't say we wouldn't help with college but I don;t want cs or any other monies to be ordered after they are 18. I think it is a choice that we as parents should make.
I very much agree
I very much agree
purpledaisies, I agree with
purpledaisies, I agree with you 100%!
Actually, it does not depend
Actually, it does not depend on your state. No judge can order a parent to pay CS beyond high school if it wasnt something previously AGREED to by both parties. Many people agree on their paperwork wording, so a judge just stamps it legal. In that case, yes the court will uphold it. But ANYtime the two can not agree? The court makes a standard judgement, and Federally they can not order support for an adult without some proven medical need or something.
I was worried about this because of the thing Obama recently dreamed up, so I checked it out. Phew! Nope. Cant be done without him agreeing to it.
My ex and I had saved
My ex and I had saved thousands towards our bios college, and it was all in his name. So hell yes our divorce decree had him responsible for college expenses with some limitations (in state public school, stuff like that).
We went through this. DH was
We went through this. DH was ordered to pay CS until SD was 18 and 6 months old. He also was ordered to pay 1/3 of her college expenses until age 21. This would mean an overlap in payments, as SD would be less than 18.5 if she went to college directly after high school. In my opinion, ordering college payments is the same as extending CS. All SD had to do was maintain a GPA sufficient that the college would continue to re-enroll her.
I also do not agree that divorced parents should be ORDERED to pay college costs. I can't be FORCED to pay for college costs for my bio-kids. But we CAN be ordered to pay them for SD, it seems.
"I also do not agree that
"I also do not agree that divorced parents should be ORDERED to pay college costs. I can't be FORCED to pay for CS for my bio-kids. But we CAN be ordered to pay them for SD, it seems." So truly a messed up system
I know and that is partly
I know and that is partly what is wrong with some of these kids that they EXPECT daddy to pay even after they are an adult. That is something that should not be expected. I mean my dd got a job for the summer and I told her to make sure she saved money for school clothes b/c she can do that now. Want to know what she told me? She said and I quote "I already told daddy I was going to." I had tears in my eyes. She is right now at the mall clothes shopping for school. I was supposed to go but i got really bad sick so she said she would send me pics of the clothes she is getting.
Great news about DD! I worry
Great news about DD! I worry SD7 will never get to that stage of understanding, but hey, I can do my best try. Have a great weekend!
funny how kids can't wait to
funny how kids can't wait to turn 18 and gain their independence (FREEDOM), but sure as hell don't feel the need to pay for any of it! skids are going to be in for a rude awakening if they think dh & i will foot their bills.
DH wants to stop CS to BM in
DH wants to stop CS to BM in February 2014, the first full month that SD is 18. He thinks that by the time BM a) notices, b) manages to scrape up a retainer for a lawyer, and c) manages to get to court, SD will have graduated from high school (May). He figures that he can pay the arrearage straight to the no-longer-minor SD for college money; that's $3000 that won't go to BM's annual Memorial Day Beach Weekend.
I told him that if the laws in Louisiana work that way, he's welcome to try, but he had better research it because I wouldn't allow him to break the law. In any case, we'll be sending a no-contact request/order to BM the day of high school graduation.
We're already planning to offer help for college; it'll be between SD and us, and there will be so many strings attached it'll look like a spiderweb. Under NO circumstances will we offer more than 50% of costs, and we'll be sure to let her know that the reason she'll have to get school loans rests solely with BM and BM's spendthrift ways.