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child support being continued while 18 daughter is in college?

Started by mindy, Jan 09, 2007, 09:17:37 PM

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mindy

I ama mother of an 18 year old daughter.  My daughter is attending a community college at this time.  She is a special needs child with documented medical, emotional and learning disabilities.  My daughter is receiving some finacial help from vocational rehab to help with her school expenses.  She will be 19 in March'07.  
Her father does not believe that he should have anymore finacial obligation to her after she turns 19.  Can I petion the court to request that he continue to pay child support while she is college?  Is this ever done and does he still have to carry medical insurance on her while sshe is still in college.
My ex has been found in contempt on at least five different occasions for failure to pay child support and on back medical bills.  I am truly concerned.  I am unsure what rights we have to help her.

socrateaser

>Her father does not believe that he should have anymore
>finacial obligation to her after she turns 19.  Can I petion
>the court to request that he continue to pay child support
>while she is college?

It depends on your State's law. If your state terminates child support at 19, and doesn't provide for college support, then that is the end of the other parent's duty of support.

However, if you can show that the child is not physically/mentally capable of supporting herself, i.e., she cannot reasonably hold down any 40 hour per week, minimum wage job, then the court is authorized to order adult child support.

Absent this single exception, the child is on her own.

 Is this ever done and does he still
>have to carry medical insurance on her while sshe is still in
>college.

If his support obligation is terminated, then so are all the associated obligations, such as healthcare insurance.

>My ex has been found in contempt on at least five different
>occasions for failure to pay child support and on back medical
>bills.  

This is irrelevant, unless he owes arrears, in which case, he must continue to pay them until the arrears are paid in full. After that, he is off the hook.

I am truly concerned.  I am unsure what rights we have
>to help her.

I understand your concern, but now you know your rights.