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    stepone's Avatar
    stepone Posts: 1, Reputation: 1
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    #1

    Nov 30, 2008, 09:44 AM
    Who pays child support if both parents has a child
    Hello
    My wife is in a situation were her ex husband won custody of one child who is 16 and she has one child who is 18 about to go to college and works part time would either be liable to pay child support in this situation please help.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #2

    Nov 30, 2008, 09:49 AM
    Quote Originally Posted by stepone View Post
    Hello
    My wife is in a situation were her ex husband won custody of one child who is 16 and she has one child who is 18 about to go to college and works part time would either be liable to pay child support in this situation please help.


    How did the divorce address the subject? In general both parents support both children. The parent who does NOT have physical custody "usually" pays support to the parent who DOES have physical custody. More and more States are requiring support through College or to age 21 instead of 18. Varies by State.

    But, again, this should have been addressed in the divorce.
    cadillac59's Avatar
    cadillac59 Posts: 1,326, Reputation: 94
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    #3

    Nov 30, 2008, 11:00 AM
    Quote Originally Posted by stepone View Post
    Hello
    My wife is in a situation were her ex husband won custody of one child who is 16 and she has one child who is 18 about to go to college and works part time would either be liable to pay child support in this situation please help.
    It would be helpful for you to indicate what state you are in.

    In California child support ends at 18 once the child finishes high school, ceases being a full time high school student, becomes self-supporting, or turns 19. We have no college level support.

    So, if you are in California, your wife would likely (depending on the incomes of the parties and the timeshare) have to pay child support for the 16 year old. No support would be owed for the 18 year old (sounds like he or she has finished high school since you said the 18 year old is about to go to college).

    As stated, this varies from state to state so you should indicate where you are.
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