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child support being continued while 18 daughter is in college?

Started by mindy, Jan 10, 2007, 01:31:54 PM

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mindy

I am trying to find out if I can petion the court to continue child support while my 18 almost 19 year old daughter is in college.  My daughter has documented physical, emotional and learning disabilities.  She is receiving some financial help from voc rehab for college expenses.  Her father is also supposed to carry medical insurance on her, can he be required to continue while she is in college.  She lives at home with me.
 Her father has been found in contempt on five other occassions for not paying child support and back medical bills.  Is this worth me pursuing?

Jade

>I am trying to find out if I can petion the court to continue
>child support while my 18 almost 19 year old daughter is in
>college.  My daughter has documented physical, emotional and
>learning disabilities.  She is receiving some financial help
>from voc rehab for college expenses.  Her father is also
>supposed to carry medical insurance on her, can he be required
>to continue while she is in college.  She lives at home with
>me.
> Her father has been found in contempt on five other
>occassions for not paying child support and back medical
>bills.  Is this worth me pursuing?

I don't know how you would do.  I know that in my case, child support continues through college, but that is in our original agreement.  

You will incur legal fees to pursue this and from what you have posted, he probably won't pay it.  

Is he behind on his child support now?  If so, I would pursue that and ask for him to pay for your legal fees to enforce what he has been court ordered to do so.  I would also look into wage garnishment.

mistoffolees

Soc already answered this one. It depends on the state.

If her state requires payment through college, then he's on the hook.

If the state doesn't require it, then he's off the hook unless the agreement specifies it.

It shouldn't be hard for her to find out the answer to that question.

Jade

>Soc already answered this one. It depends on the state.
>
>If her state requires payment through college, then he's on
>the hook.
>
>If the state doesn't require it, then he's off the hook unless
>the agreement specifies it.
>
>It shouldn't be hard for her to find out the answer to that
>question.

Even if the state does require it, it doesn't mean that he will pay it.  And given his history (strictly from what she posted), he probably won't.  

She will incur legal fees to pursue this, money that could be better spent on college unless she is sure that he will pay.