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Author Topic: Restarting child support after age 18  (Read 10151 times)

dad52

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Restarting child support after age 18
« on: Jun 11, 2008, 09:21:52 AM »
My daughter withdrew from school in her senior year and is now 18. Now I hear she is planning on re-enrolling for the upcoming year in order to finish her last 4 classes. State law where I live says child support continues until child is 18 OR a full time student till age 20. My questions are- is 2 classes each semester considered "full time" and do I begin paying CS when she starts back to school or what?


knoot7

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RE: Restarting child support after age 18
« Reply #1 on: Jun 11, 2008, 10:14:26 AM »
Ask the school what is considered full time, specific hours being there or specific amount of classes. Most schools have this defined. From my memory of high school a million years ago - 2 class was not considered full time. You had to be there for more than 1/2 the day every day. From my recollection of college - 2 classes was not full time - full time was I believe at least 15 credits a semester.

IMHO - she is re-enrolling and has NOT maintained the "full time" status until 20. This is going back so it could very easily be argued that she did not maintain full time student status and therefore would be completely on her own.  If you are required to pay support- =since she is past 18  - the money should go directly to her and not her mother.

dad52

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RE: Restarting child support after age 18
« Reply #2 on: Jun 11, 2008, 10:51:41 AM »
Thanks, I also forgot to mention that after withdrawing from school, she moved out for a short while but is now back living w/ her mother. Because of this I am thinking her mother is going to say I am still obligated to pay CS because my daughter is "still in school" and if I fail to send her CS when school begins, assuming 2 classes are NOT considered full time, then she's going to have a nuclear meltdown and I'll be threatened w/ legal action and expulsion to Mars unless I "pay what I owe" I'm not trying to neglect my responsibility but just want to find out what my responsibility is since this appears to be a "gray area"  

dad52

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RE: Restarting child support after age 18
« Reply #3 on: Jun 11, 2008, 10:51:41 AM »
Thanks, I also forgot to mention that after withdrawing from school, she moved out for a short while but is now back living w/ her mother. Because of this I am thinking her mother is going to say I am still obligated to pay CS because my daughter is "still in school" and if I fail to send her CS when school begins, assuming 2 classes are NOT considered full time, then she's going to have a nuclear meltdown and I'll be threatened w/ legal action and expulsion to Mars unless I "pay what I owe" I'm not trying to neglect my responsibility but just want to find out what my responsibility is since this appears to be a "gray area"  

Kitty C.

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RE: Restarting child support after age 18
« Reply #4 on: Jun 11, 2008, 11:04:14 AM »
I'd be calling the school to ask them if THEY believe she will be a full time student or not.  I think the state would determine what is considered full or part-time from the school directly.

Personally, it sounds like part-time to me.  But if you do, make sure the final word comes from the district itself, and not just the school.  They may also be called to testify to that effect if this makes it to court.  You haven't mentioned if a new CS action has been filed against you, but if not, do NOT volunteer it yourself.  

One other thing to consider is if the child is still living with the CP or is on their own and working to support themselves while still going to school.  There's a possibility that, if this is the case, no CS action can be taken, as the 'child' is considered an adult and emancipated.
Handle every stressful situation like a dog........if you can't play with it or eat it, pee on it and walk away.......


dad52

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RE: Restarting child support after age 18
« Reply #5 on: Jun 11, 2008, 11:27:28 AM »
Thanks again for the info. As of today, there isn't a "new" CO for CS. I'm not even sure my ex is aware a new one might/would be needed to get CS again. I was not aware myself. I'm thinking she's just figuring the old one is/will be in force till my daughter finishes school. My daughter is working part time right now and from what I've been told, she would continue her part time job during school as well. I've been told she plans on taking 2 classes plus a study hall each semester. To me, this sounds like part time schooling but I will get a concrete answer from the school. I'm just wanting to be informed so I don't have to be concerned or worried about any talk/ threats of legal action if I don't "pay up" It's NOT the money but rather the PRINCIPLE.

Kitty C.

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RE: Restarting child support after age 18
« Reply #6 on: Jun 11, 2008, 02:43:57 PM »
If you got notification from the court after she left school the first time that you no longer have to pay CS, then that case is closed.  If the BM wants CS again, SHE will have to file a new petition with the court.

As for her 'having a meltdown' and blasting you to Mars.......let her!  Just because she wants money doesn't mean you have to fork it over to her.  Tell her if she thinks she's 'entitled by law' to get CS again, she will need to go through the court, JUST LIKE BEFORE.  As for your responsibility, the court will decide that.....not you and CERTAINLY not her.  If she wants to go off on you, remind her that it must be determined by the court, based on state law and guidelines, as to whether CS is warranted again.........she just doesn't automatically get it because she 'wants' it.  If she goes off about the previous CS order, remind her again that when your daughter quit school, that case was closed and cannot be 'reactivated'.  

I love it when CP's like your ex use those kind of tactics to get you to capitulate to do what they want.  I swear those women should be hired by the government to fight fire with fire against the countries who try to use the same tactics against us!  Personally, I get a LOT of pleasure shooting them down with reason, because part of their tactic is to get you as emotionally involved as she is acting towards you.  When you take the emotion out of it, give her the 'facts, and throw the ball back in her court, it will take the wind out of her sails!  She may still try blackmail and try to make you feel guilty, but don't fall for it.  It is NOT her or your decision, it is ONLY for the court to decide.
Handle every stressful situation like a dog........if you can't play with it or eat it, pee on it and walk away.......

dad52

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RE: Restarting child support after age 18
« Reply #7 on: Jun 12, 2008, 06:34:44 AM »
Ok, I understand what you're saying so here are the facts as of now.... I have NOT recv'd anything from the courts regarding this so I guess the original CO is in effect? My thinking and understanding is that since my daughter has turned 18 and was withdrawn by her school for attendance problems, therefore no longer making her a student, full time or otherwise, then the original CO is satisfied. My daughter moved out for about 6-7 weeks just a few days before turning 18 but had to return because her living arrangements fell through and her part time job does not pay her enough to afford a place of her own. My divorce decree states that CS stops when the last child turns 18, marries, joins the armed forces, ceases to life w/ the CP, becomes self supporting or otherwise becomes emancipated OR is still in secondary school till age 20 IF a full time student. So, based on that am I right in interpreting that my obligation has been fully satisfied and that even if my daughter does re-enroll, she will still NOT meet the criteria for a full time student therefore making her mother UNable to collect any more CS from me?

MixedBag

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In our school system it would be full-time...
« Reply #8 on: Jun 12, 2008, 07:32:00 AM »
because the kids are on a block schedule and take 4 classes a semester.  If they have only 4 to finish during their senior year, they can NOT take all 4 and not go to school in the spring and walk graduation ceremonies -- because walking the ceremony means you were in school full-time the entire year, and by finishing in the fall, and not taking classes in the spring, they weren't enrolled.

(They need 28 out of the available 32 credits to graduate).  They can do early release and take 2 classes each semester during their senior year and be considered "full-time" students.

Just an example.

I agree with the others...

If you have an order that ended your CS obligation, the CP will have to file to get a new order.

HOWEVER, I think a judge would re-open the file and I suggest you set money aside JUST IN CASE, so that by the time it goes to court, an order is signed, it will probably be retroactive at least to the date school started.


knoot7

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RE: In our school system it would be full-time...
« Reply #9 on: Jun 12, 2008, 10:18:15 AM »
still the daughter did not maintain full time status...so even if it is currently full time, wouldn't the fact that she left/dropped out negate the original decree anyway? Sort of like a breech of contract - she did not maintain full student status and did not graduate, she left. The agreement ends right there.... going back shouldn't reinstate the original decree shoudl it?

Obviously I am not an attorney but these are points which could be argued very easily....

Let us know what happens!

 

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