child support for an 18 year old

[Kat87]

Dear Socrateaser,

My DH and I are basically CP to 2 skids, SS is 17, SD is 13. SS will be turning 18 in December, and he has mentioned that he will not stay living with his father and I, but rather go and live with his mother.

His mother suffers from mental illness, which is the reason that we ended up with residential custodianship (they have a shared parenting agreement, with us being the residence for the school year). We live in SC, BM in Ohio.

My question is:
1. If SS decides at 18 to go and live with his mother, is his father obligated to pay child support while he is enrolled in high school? He should graduate May next year, but is a poor student. So if he fails and has to repeat the grade, will DH be obligated to pay for another year?

2. BM pays no child support on either child.

Thank you for your help.
Kathy

[socrateaser]

>1. If SS decides at 18 to go and live with his mother, is his
>father obligated to pay child support while he is enrolled in
>high school? He should graduate May next year, but is a poor
>student. So if he fails and has to repeat the grade, will DH
>be obligated to pay for another year?

I'm sorry, but I don't know OH guidelines for when CS terminates, and I would need you to post the EXACT text of your judgment that states when CS is to terminate. However, an 18 year old is an adult, and can live wherever he/she wishes.

>
>2. BM pays no child support on either child.

This is not a question, but I have a comment for you and anyone else who reads this. NEVER allow the other parent to escape paying support, even if you save all the money in a bank account and then give it all back someday in the future. A person who is relieved of the obligation of support never recognizes the fact that it is legalized involuntary servitude, thus that person has no frame of reference to spare you from a similar obligation should the circumstance arise (as it now appears in your case that it will).

[Kat87]

Dear Socrateaser,

Thankyou for your response...Here is the exact wording of the child support issue in the divorce decree, though I don't know if they would use this, or the subsequent shared parenting agreement which happened 7 years after the divorce was final...

Husband shall pay to wife as support for the minor children, the sum of X dollars, per child, per month, total y dollars per month, payable to a wage deduction order, until each of the minor children reaches the age of 18 and is no longer a full-time student in an accredited high school or otherwise becomes emancipated, whichever occurs sooner.

Regarding issue #2, bm not paying child support, we were taking her back to court for child support, but since she doesn't even make $10,000/year (most of her income is from SSI), once she dropped her bid for custody, it would have cost us more in legal fees than we ever would have actually recouped.

1. So now knowing the exact wording would we have to pay child support? What if he was to be enrolled in school, but continue to fail?

Thank you very much for your assistance.
Kathy

[socrateaser]

>1. So now knowing the exact wording would we have to pay child
>support? What if he was to be enrolled in school, but continue
>to fail?

Is there a subsequent CS order relieving you of the obligation of support?

[Kat87]

We are now the custodial parents, and my husband was able to get a court order to stop paying child support (as we have custody), BM was to notify DH when SHE started working, to pay her whopping $20/mo for 2 kids, but didn't bother to notify him. There is no order for him to pay, so my question was if
 
1. He decided at 18 to go and live with mom (he wants to go, but we don't feel she able to take care of him or his sister due to her mental illness problems), would DH be ordered to pay child support? or because at 18 he could make the decision on what he wanted to do on his own, that the courts would not do anything?

2. Or would BM have to take DH to court once he was to go and live with her?

Thank you again.
Kathy

[socrateaser]

 
>1. He decided at 18 to go and live with mom (he wants to go,
>but we don't feel she able to take care of him or his sister
>due to her mental illness problems), would DH be ordered to
>pay child support? or because at 18 he could make the decision
>on what he wanted to do on his own, that the courts would not
>do anything?

If the child is 18 and not a full-time high school student, then your obligation for support terminates, and the other parent cannot obtain an order for support. If the child is still full-time in high school, then the other parent can request and will be awarded child support.

>2. Or would BM have to take DH to court once he was to go and
>live with her?

It's up to the custodial parent to request support.