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    Cherokee1's Avatar
    Cherokee1 Posts: 1, Reputation: 1
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    #1

    May 16, 2008, 05:24 AM
    C/S required after 18 if court ordered and child lives with no custodial by choice?
    ... court ordered decree of 1996 states c/s to cont after age 18 if child remains in sec education. Father attempts to exercise age emanicipation, but cont to pay a reduced amt. by my insistence; however both children chose to live with Dad for school choice at age 15. He always paid same amt until age 18 even after remarriage with 3 new dependents. Can I lose support altogether if insistence is pursued to pay past 18?
    JAMIET's Avatar
    JAMIET Posts: 73, Reputation: 12
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    #2

    May 17, 2008, 04:03 PM
    Quote Originally Posted by Cherokee1
    .....court ordered decree of 1996 states c/s to cont after age 18 if child remains in sec education. Father attempts to exercise age emanicipation, but cont to pay a reduced amt. by my insistence; however both children chose to live with Dad for school choice at age 15. He always paid same amt until age 18 even after remarriage with 3 new dependents. Can I lose support altogether if insistence is pursued to pay past 18?
    In my state, You pay child support until the child is 18. If they are 18 however and still in high school.. the support continues to the end of that school year. I had to pay for my oldest son for almost a year after he turned 18. Check with your local district atty's office for you area laws.
    amber-doo's Avatar
    amber-doo Posts: 34, Reputation: 4
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    #3

    May 24, 2008, 01:43 AM
    Sounds like you are expecting child support even though the children do not live with you. If this is the case, doesn't that defeat the purpose. If you are not caring for the children, you shouldn't get that support. If you were granted alamony you would still be intitled to it...
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,304, Reputation: 7692
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    #4

    May 24, 2008, 03:57 PM
    Well first there was no legal reason for them to live with him at 15. He should have wentback to court to get custody when they lived with him.
    And he should have stopped child support payments then.

    Of course he does not owe child support if they are with him and going to college, in fact he should go to court and get you to pay him.
    amber-doo's Avatar
    amber-doo Posts: 34, Reputation: 4
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    #5

    May 28, 2008, 01:14 PM
    I agree with Fr_Chuck. Maybe he wasn't smart about continuing child support even though the kids were living with him. But, why push the issue? He may decide to fight you and get the courts to order you to pay child support. And, just because there is no legal reason for the kids to live with their father, it is still their decision.

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