BM wants to use CS to pay her half of college expense.

[heather2662]

Illinois State

18 year old will be going to college 30min away in the neighboring state. She will also be living on campus.

DH stopped paying support after high school graduation.

BM wants CS to start again.

DH and BM have agreed to split cost (after grants) for school.

BM sent DH email discussing school cost and told him CS needs to start again. This is an excerpt were she states that she was planning to spend his CS to pay for her half of school expense. (note how she says; I should be getting something):

"I had planned on using the support money.  Im not so
sure that i agree that there should be no support...i
think i should be getting something or least taking
payments for college, insurance, phone...or whatever
out of it

I had also planned on making the college payments from
the support money..."



1. Does DH have to pay support to BM if 18 year old daughter is not living at home while attending college?

2. Can she legally use CS to pay her half of the college expense? (That would mean DH would technically be paying for all of it then.)

[socrateaser]

>1. Does DH have to pay support to BM if 18 year old daughter
>is not living at home while attending college?

The courts in IL have fairly broad discretion to order college tuition and expenses support until the child reaches age 21. However, if the child is not living at home, then the court can order BOTH parents to pay. The question is, will the child be living with the other parent when school is not in session, and if so, will she be working to support herself while doing so? The court can use it's discretion to craft what it deems a fair order, and based on the facts that you present, it could end up costing the other parent money, too. Very difficult to say, without a lot more facts, and knowledge of your particular judge's predisposition in such matters. Only a local attorney who practices where the case will be heard could have a reasonable idea of what's likely.

>2. Can she legally use CS to pay her half of the college
>expense? (That would mean DH would technically be paying for
>all of it then.)

It's not CS. It's college tuition and expenses. If the child were living at home, then the "expenses" would be for room and board which would go to the custodial parent. But, since this is apparently not the case, then the court will not likely give the support to the other parent, because it will not actually go to the child's expenses.

[joni]

see CS board

[socrateaser]

I'm only concerned about people giving out legal advice, i.e., analyzing facts by applying law to come to a conclusion. You can ask all the hypothetical questions here that you wish. You can even analyze them...

...just don't come to a legal conclusion so as to provide advice, because that = unlicensed practice of law.