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imnotsure · Apr 28, 2007, 07:16 AM

My son is 18 ,we live in ny but not together.I pay support for him. This fall 07 he is going to college do I have to pay support since he will not be living home with his mom. There was never an agreement for college and since he will not be living home do I still have to pay his mom support. I can't try to settle an agreement with her she is a very spiteful person what are my rights. Any help would be greatly appreciated.

imnotsure · Apr 28, 2007, 10:10 AM

Hit reply on accident if someone can help me it would be greatly appreciated

Fr_Chuck · Apr 28, 2007, 10:13 AM

I would hire an attorney to file a motion in family court to admend your child support agreement to pay the support directly to the son ( or the college) for as long as he stays in school and is not living at home with his mother

Since if you stop paying her, you will end up there anyway. This way you take the first step showing the court you still wish to care for your son by helping to pay for his college

LuvMyMaltipoo · Apr 28, 2007, 10:21 AM

My brother went through the same thing. It depends what your divorce papers say (in Texas anyway). Some people think ahead when they get a divorce and ask for the father to pay some kind of support while in college while others do not. My brother's divorce papers said the child support ended when the child turned 18 or graduated high school, whichever came last. Therefore, he was not responsible to pay anything afterwards. He still helps out with his daughter though, just because you aren't required doesn't mean you don't have to. Have an attorney review your divorce papers and he can tell you exactly what to do. If there's nothing in there about college then yes, you can send the money directly to your child.