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Author Topic: Anyone ever hear of this??  (Read 2573 times)

stepmomtwo1

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Anyone ever hear of this??
« on: Aug 18, 2004, 09:37:03 PM »
Sd turns 17 in two weeks and last year BM took us back for more support. When they modified it they told dh and Bm that half way through this year they will send each of them a letter and ask them when they think cs should end.

The divorce papers that we have state that it ends when sd turns 18 or graduates from high school. So as far as we say it will not go on any longer then her 18th birthday. Why do they think they need to ask? Why does bm have any choice in the matter? As far as she is concerned I'm sure she would want it to contine forever.

Can they really extend it any longer if the court ordered divorce papers state when it ends?


Peanutsdad

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RE: Anyone ever hear of this??
« Reply #1 on: Aug 19, 2004, 12:18:51 AM »
Whatever current court order is the one they go by. Now,, check the cs modification, does it contain a clause?

If so, its the current order.

Darryl

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RE: Anyone ever hear of this??
« Reply #2 on: Aug 19, 2004, 05:22:47 AM »
A lot depends on what state the order is in. Depending on the state statutes CS could continue for reasons of higher education or disability of the child etc. If the statute has language similiar to this it does not "automatically" stop at 18 or HS graduation.

My state is Missouri. I am currently involved in litigation for a 20 year old in one last money-grab from biomom. Our statutes say CS ends at 18 or HS graduation whichever is later UNLESS........blah, blah, blah. The blah, blah, blah's will get you everytime!   :)

olanna

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It's too bad
« Reply #3 on: Aug 19, 2004, 07:33:38 AM »
that you couldn't work something out through the courts to deal directly with your daughter, Darryl.  Is there anyway this could be done? At least you would have some kind of knowledge that your money is actually going to her education and not some new car or vacation!

:)


Darryl

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RE: It's too bad
« Reply #4 on: Aug 19, 2004, 09:40:53 AM »
It might be possible to pay my daughter directly since she is a RESPONSIBLE adult but............. Mom will probably cry foul because even though my daughter lives at college 11 months out of the year mom STILL has to provide a 'home' for her. Oh yeah, their mortgage is paid off, but that doesn't matter, the room she keeps at the ready still has a monetary value that 'mommy' is entitled to. Funny I don't get the same credit for having a home? I would love to pay my daughter directly and hope to accomplish that. Ideally both 'mom' and myself would BOTH be required by the court to directly pay our adult daughter our respective share of TOTAL support. Then maybe she would be able to 'live in the standard she would have had, had the marriage not been dissolved 19 F'in years ago when I earned squat. It seems my success gets passed on to everyone else but me. Mommy remarried well and good for her, I harbor no ill-will to her good fortune but neither of my exes seem to think I am entitled to enjoy my success. After all "It's FOR THE CHILDREN".  :)

I'm not bitter, really  I'm not.


Kitty C.

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RE: It's too bad
« Reply #5 on: Aug 19, 2004, 10:27:50 AM »
Check into your state statutes regarding this, because Iowa allows for the NCP to pay the child directly.....in it DEMANDS it.  It also demands that the child maintain a good GPA in order to be 'entitled' to the money.

To tell you the truth, you could do that and even if BM gets her knickers in a twist over it and wants to haul you into court for it, I think you'd have a strong enough case to overcome it.  Then you can ask HER for atty. fees and court costs when she loses.  Be nice to see some of that money flow the other way, wouldn't it???  )(
Handle every stressful situation like a dog........if you can't play with it or eat it, pee on it and walk away.......

Mom2one_two

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RE: Anyone ever hear of this??
« Reply #6 on: Aug 19, 2004, 10:49:20 AM »
it depends.. they may extend it for the kids to go to college, although a lot of states are stopping that. With us, it ends at 18 or when the kids finish high school, whichever comes first.. college is not a part of the equation.

KAT

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RE: Anyone ever hear of this??
« Reply #7 on: Aug 19, 2004, 07:25:41 PM »
Oh! Our SS turns 17 in 3 weeks. In VA they send out a letter regarding support (now get this) about ONE month before they turn 18 (support till 18, or graduation until 19). This gives the CP time to say "Oh, little Johnny just registered back in high school! No matter he'll be back in the 9th grade AGAIN. So I get support for another year!" Considering it takes 3 to 4 MONTHS to get back to court, even if little Johnny isn't in school & you prove it, you still end up paying support for those extra months! HA, I know her game. Luckily for us I've convinced the support worker to send the letter FOUR months before he turns 18. She isn't getting a dime extra.
KAT

stepmomtwo1

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I know sd won't attend college so we won't have to pay for that
« Reply #8 on: Aug 20, 2004, 08:35:36 AM »
We don't have to worry about sd needing support while she furthers her education. Her mom pulled her out of high school because she was flunking out and has home schooled her last year and this year she is too. Our only good thing is she can't home school her after she turns 18 and she will be 18 on Sept. 1st so next school year is out of the question.

If she wants more money she will have to send her to public school and at 18 I doubt that she will go back for any amount of $$. Even if mommy has a hissy fit.


MixedBag

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RE: Anyone ever hear of this??
« Reply #9 on: Aug 20, 2004, 05:38:40 PM »
Ummm, here in AL, they told me that it's whatever the state the original order came from and what that state/order said.

Why?

My divorce#1 was in England.  The order said "Whenever the child finishes secondary education or turns 18, whichever is later."

My EX#1 got "scared" that I could say "This means college" -- no one here is British to translate "secondary education"......and AL laws lean towards getting parents to assist kids through college.

Anyways, AL law says "19 or until they finish high school whichever is later" which is really one year longer than England.

AL DHR said that they go back to the original order so that a CP can not go "shopping" and move to the state with the longest jurisdiction.

Made sense to me -- and I wasn't looking for support beyond when she turned 18 (even though she's in college and at first didn't leave home) because that's what I believe is fair.

Well, just what happened to me to share....

 

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