Restarting child support after age 18

[dad52]

As I said earlier, I have NO court order ending the obligation.... is this something I am supposed to procure.... the court is certainly NOT going to issue one w/o somebody asking for it. I just thought it would just end on its on UNLESS it was contested to be continued. I'm no lawyer either and don't have 100's of $$$ to go talk to one right now so I'm trying to get a feeling on where I am legally. Right now it all seems to have come down to what is considered "full time" and I am awaiting a reply from my state board of education to that affect. Any more thoughts???

[ocean]

You need to file with the court to end it so it really did not end then...You will need to prove that the child was out of the house and not attending HS. I think if BM pushes she will get CS until the child graduates high school. That half time I think meant college classes....not high school. Depends on state...

[dad52]

I agree w/ you that it seems that the original decree has been satisfied because she has reached the "age of majority" AND she was DISenrolled from school for her attendance problems. Just because she re-enrolls and goes back to school doesn't mean the original decree goes back into effect as though nothing ever happened, at least that's how I'm looking at it. It's kinda like someone saying they're sorry AFTER a crime has been committed... you can be forgiven but that doen't change the fact that the law was broken and therefore justice must be served. And I have already been told by a retired educator from my state that 2 classes and a study hall does NOT a full time student make. Any more thoughts???

[dad52]

I did not know I had to file to end CS. Proving it will not be too difficult and I have it in writing in my divorce papers that CS continues to age 20 ONLY if the child is a fulltime student.  

[leon clugston]

She is 18 not a child, 2 hrs do not make full time status, and stopping to later restart does not constitute a continuing full time status

[dad52]

I could not agree more and I am trying to find out if this is legally true or just a lot of wishful thinking. At least I have it in writing regarding full time status although I'm sure the ex is going to find a way to contest it. I just cannot imagine her just "riding off into the sunset" over this. Somehow, she's got to have the LAST word.    

[MixedBag]

FULL TIME student status is defined by the school whether college or high school.

Again, in our high school, 2 classes per semester IS considered full-time student status during a student's SENIOR/FINAL year.

Contact the high school.

Now, IF you just quit paying and never received an ORDER stating that you are allowed to quit paying, like someone else said, you're gonna have to PROVE she dropped out of high school, moved out and did all those things that essentially emancipated her, IF CS from that point until the fall school start date comes into question.

BM might not even ASK for it.

IF daughter goes back to high school this fall, IMHO, there's a big chance that yes, you'll have to pay CS again until she graduates -- mainly because it's high school (not college) and because I think you quoted your state's statute as the maximum age is 20.  That already allows for "screw ups" when most kids graduate at 18/19 years old.

So IMHO, I'd lean towards that the court will restart CS effective when she returns to high school.

Again, IMHO....

BTW -- here in Alabama, I didn't have to get an order when either of the girls emancipated.  I was CP, and I simply signed a form down at DHR stating that NCP's obligation was completed -- so essentially, it was the same as a court order, but there was no hearing or anything and he wasn't behind or nothing to argue about.

You should have filed a request or motion for emancipation very soon (like the next day/week) after your daughter dropped out of school and moved out.  But hey, move forward to the issues at hand and IMHO be prepared to pay for next year.

[Davy]

Ok Dad maybe it's time to think outside the box but only you know your daughter her history her desires and capabilities.

Is a GED a possibility followed by junior college or a training program while working part time ?

Perhaps you could use this opportunity to teach her to budget, balance a check book, etc and how to control her own life and destiny to become independent.  That is what most young people really want at this stage in life.  You are no doubt the best fit to guide and counsel her.

Think about writing a monthly check to her for a couple of years with the word 'support' in the comment section to help her get a leg up in life.  Even better if she would return half of it (in cash) when she collects the other half from her mother and that way the mother can get off the gravy train and put her money where her mouth is.  I have yet to see a young lady turn down money !!!!

It seems to me your daughter would have a true 'child support' plan for a change where both parents are participating and encouraging.  

[leon clugston]

if all else fails, file a Writ of Mandamus into federal court,,,,,its a command that they follow there own regs, laws and procedures,,,it levels the playing field and gets rid of interpretive regs.

[ocean]

does not matter here...law is 21 or 22 if full-time student...