Ask Experts Questions for FREE Help !
Ask
    wendalyn's Avatar
    wendalyn Posts: 8, Reputation: 2
    New Member
     
    #1

    Jun 26, 2007, 04:21 PM
    Child Support - 2 child living at separate parents - 1 child turning 18 soon.
    I will try not to make this too long but I went through a 3 year court battle with my ex with our 2 kids who are now 17 (Daughter) and 15 (Son). My son has been living with his dad since he was like 9 because I let him. Court battle was dropped due to judge thinking my ex was lying after 3 years and a bunch of stuff got thrown out. Boils down to 3 years of my ex having money and us having none. We live 3 hours apart and his courts up there are messed up living in a small town they pretty much make up their own. The real issue is my daughter turns 18 and graduates in 2008 - she plans on going to nursing school and does plan on living here. I knew her dad was going to try something once she turns 18. He made the comment tonight that I was in for a rude awaking in a year. My son then will be going on 16 but only in 10th.

    Question is when my daughter turns 18 or graduates can my ex try to get Child support from me for our son who will be 16? My daughter plans on living here and going to school for at least 2 years. If she moves out can my ex try to get child support at 18 if my son goes to secondary school?

    When we split up when my youngest was a year my daughter 3 years I took a low low child support cause I knew he couldn't afford it. After the 3 year court battle it was decided that no child support would go either way since we both had a kid. My ex only lets my son come down here 2x a year as there is always an excuse one way or another and my daughter chooses not to see him either as she works full time and they don't get along.

    My husband thinks we should beat my ex to the punch just not sure what we can do or can't do. I thought if my daughter lives with us until she is 20 and going to school he can't try to get me for child support and I don't know if he can try and get child support when my son turns 18 if he decides to go to secondary school. We are going to try to talk to a lawyer when we get the money to see what are rights are before it happens.
    tawnynkids's Avatar
    tawnynkids Posts: 622, Reputation: 111
    Senior Member
     
    #2

    Jun 27, 2007, 12:50 PM
    Here in Cali the standard verbiage is: payments shall continue until the supported child dies, emancipates, reaches the age of 18 or, if still a full-time high school student, age 19 or graduation, whichever comes first.

    After that he can request child support from you for your son. Once your daughter graduates you no longer have an "equalizing" child. He can ask for child support to continue as long as the child is a full-time student and living at home but court doesn't usually grant it. It isn't completely out of the question though, it would be up to the judge but isn't likely.
    nya's Avatar
    nya Posts: 55, Reputation: 8
    Junior Member
     
    #3

    Sep 15, 2007, 08:39 PM
    Well, here in Florida if your daughter is still living at home at eighteen and still hasn't graduated high school you are allowed to ask for an extension of child support. I know this doesn't directly apply to your case but I offer this because if your husband tries to file for child support and you are still supporting your daughter, then a judge may decide that neither of you shall again pay support to the other (in a family court). But your husband can at anytime, file a child support case against you as long as your son hasn't turned 18. He does have that right.
    s_cianci's Avatar
    s_cianci Posts: 5,473, Reputation: 760
    Uber Member
     
    #4

    Sep 16, 2007, 08:36 AM
    From the sound of things it doesn't look as if anything is really going to change. Obviously the child support issue is considered a wash with your obligations to each other cancelling each other out. The fact that your daughter is going to be turning 18 really won't matter, especially if she does continue on as a full-time student as most states hold that parents are still responsible for supporting their kids even when over age 18 if they are in attendance at some type of post-secondary school. Thus his obligation for her would continue just as your obligation to your son will continue, so the same even-draw situation regarding child support obligations will continue to exist.
    bryanfogle76's Avatar
    bryanfogle76 Posts: 3, Reputation: 2
    New Member
     
    #5

    Apr 9, 2008, 04:23 PM
    In Oregon, if the child is attending school up to 21 and is maintaining a good grade average, the support, after the child turns 18, goes to the child, not the parent.

    I am in a situation, where I have our daughter, my ex has our son, and I pay support to my ex for my son, even though she is banking 100k+ a year, and I am scraping by to support my daughter. I don't have a problem paying support whatsoever, as I have been for 6 years for both of my kids (I was paying support for my daughter who is living with me for a year to my ex), as long as our children are being well taken care of, that's all that matters to me. The only thing that irritates me, is the system here... they require my income, but not hers, or don't enforce to get her income information whatsoever. She has called me a deadbeat, a loser, and just about every name in the book to our kids and her husbands and friends where she is at, and I have been supporting my kids since day 1, the $800 a month (50% of my monthly wages) was not enough for her because I was still living, and still are.
    cdad's Avatar
    cdad Posts: 12,687, Reputation: 1438
    Internet Research Expert
     
    #6

    Apr 10, 2008, 12:59 PM
    What state are you in and also you might want to check your original orders and it might give you a clue as to what might happen because they might state how long the original support order would have lasted. Also some states it runs until 21 and in others 18 so you really need to check.
    lenadelcampo's Avatar
    lenadelcampo Posts: 14, Reputation: 1
    New Member
     
    #7

    Dec 3, 2011, 09:30 AM
    In NJ support will not drop until your daughter is done collage unless she moves out. The only thing that CAN change is the support can be put in her name and not yours so she will have control over what the money goes too.

Not your question? Ask your question View similar questions

 

Question Tools Search this Question
Search this Question:

Advanced Search

Add your answer here.


Check out some similar questions!

Give up rights to a child--still pay child support? [ 11 Answers ]

I live in Florida and have a question about giving up the rights to a child that has been determined by DNA testing. If rights are given up, does that parent still have to pay child support?

Bio father rights/abandonment of child/child support? [ 6 Answers ]

I am 6 weeks pregnant and the father is my ex boyfriend. I reached out to him 3 different times to see how he felt about this and what his interest would be in terms of involvement with his child. He has been quite verbally hostile and told me to die and other choice things. What time frame...

Child Support Increase For Cost Of Living? [ 7 Answers ]

Hello, I have a son who will be 9 next week, whom I get child support for in the sum of $40 a week. This court order was established when he was one year old. I have no contact with my son's father, as the situation is a bit complicated. He did try and sue for visitation, which he lost through...

Parents not wanting to support or take care of child [ 1 Answers ]

My ex boyfriend, the father of my three year old, does not support my child or want to watch him at anytime for me even when my son asks him too. He still lives with his mom and his mom takes care of him when he is over there, not his father, he does other things instead. My son says he mostly...


View more questions Search