I have an 18yr old in college and living home and a 16 still in school. My ex has said to me that what he gives me for child support should go to paying for his share of the college costs. I am remarried and don't feel my current husband should be financially responsible for my ex's child. I work part time and make about $15,000 and my ex makes about $100,000. In my papers it says that he shall pay child support until an "Emancipation Event". My papers also say under the "Emancipation Event" section that
(a) attaining the age of 21 or the completion of 4 years of academic years of college education, which ever last occurs, but in no event beyond the date of which the children attain the age of 22 years. (b) marriage of children, etc...
My question is if I am understanding my papers is that I shall continue to receive child support and no it shouldn't be considered part of college payment? Also, I am not sure what happens if she decided to go away to college? Does anyone have any suggestions on how we should calculate how much or the percentage of college cost between me and my ex? Any help would be greatly appreciated!

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Originally Posted by nosybud

I have an 18yr old in college and living home and a 16 still in school. My ex has said to me that what he gives me for child support should go to paying for his share of the college costs. I am remarried and don't feel my current husband should be financially responsible for my ex's child. I work part time and make about $15,000 and my ex makes about $100,000. In my papers it says that he shall pay child support until an "Emancipation Event". My papers also say under the "Emancipation Event" section that
(a) attaining the age of 21 or the completion of 4 years of academic years of college education, which ever last occurs, but in no event beyond the date of which the children attain the age of 22 years. (b) marraige of children, etc....
My question is if I am understanding my papers is that I shall continue to receive child support and no it shouldn't be considered part of college payment?? Also, I am not sure what happens if she decided to go away to college?? Does anyone have any suggestions on how we should calculate how much or the percentage of college cost between me and my ex?? Any help would be greatly appreciated!!

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Your entire child support agreement is contained in your "papers." If they do not address College expenses whether to pay or not pay is at the discretion of your ex. You can always go back to Court and ask for assistance with the expenses.

And, yes, the child is not emancipated, child support as currently ordered continues, until the specific requirements are met (age, completion of college, marriage) but that does not change the failure of the papers to address college expenses.

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Originally Posted by nosybud

I have an 18yr old in college and living home and a 16 still in school. My ex has said to me that what he gives me for child support should go to paying for his share of the college costs. I am remarried and don't feel my current husband should be financially responsible for my ex's child. I work part time and make about $15,000 and my ex makes about $100,000. In my papers it says that he shall pay child support until an "Emancipation Event". My papers also say under the "Emancipation Event" section that
(a) attaining the age of 21 or the completion of 4 years of academic years of college education, which ever last occurs, but in no event beyond the date of which the children attain the age of 22 years. (b) marraige of children, etc....
My question is if I am understanding my papers is that I shall continue to receive child support and no it shouldn't be considered part of college payment?? Also, I am not sure what happens if she decided to go away to college?? Does anyone have any suggestions on how we should calculate how much or the percentage of college cost between me and my ex?? Any help would be greatly appreciated!!

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Is $15,000 a year enough to raise 2 children in your home ? If you don't think so then your already placing part of the burden on your husband by your own decision. Is there a reason you can't work full time ? That alone would double your current income. If you go into court crying that you don't have enough for expenses and your not doing you part in the first place courts will take a dim view of that. The main claus you have is that " child support is to continue ". It sounds like that's happening. So unless there has been drastic changes since the child support came into effect then it may not do anything to take your ex to court for more support. Talk to a lawyer and run some of the numbers by them to see where you stand.

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Originally Posted by califdadof3

Is $15,000 a year enough to raise 2 children in your home ? If you dont think so then your already placing part of the burden on your husband by your own decision. Is there a reason you can't work full time ? That alone would double your current income. If you go into court crying that you dont have enough for expenses and your not doing you part in the first place courts will take a dim view of that. The main claus you have is that " child support is to continue ". It sounds like thats happening. So unless there has been drastic changes since the child support came into effect then it may not do anything to take your ex to court for more support. Talk to a lawyer and run some of the numbers by them to see where you stand.

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And I was going to add - heck, I AM adding - that there are grants and loans and not every child is fortunate enough to have mom/dad pay for College, even children of parents who are NOT divorced.

It sounds to me by what you've stated that your ex IS still paying child support for both your children but there is no specific clause within your agreement that specifies additional support to cover college expense/tuition. If this is the case, then I don't see how you can expect your ex to be legally obligated to increase his support payments while your older child continues to live with you. As JudyKayTee mentions - not all children are fortunate enough to have parents who can afford to pay their way through college. Most of my friends put themselves through school and had student loans they carried into their 30's before they were paid off completely. There is nothing wrong with teaching kids that not everything is provided in life; some things need to be earned - including a college education (IMO).

I am not asking for an increase in child support. I am remarried, but don't expect my husband to financially support the children. My child support is used to help pay for the children's needs and outside activities which is why I choose to work part-time to be there to take them where they need to go. I understand that I will be also helping in paying for college I was looking for suggestions on how to approach the ex in the calculations of the college fees. Like I pay for 25%. I suggested that my daughter take out a student loan and that the both put money into an account which she can use to pay off some of the loan when she graduates. My question was also when she goes away to college would I still be receiving the same child support... cause if that's the case I would put that portion away for her. Thanks for your answers, comments and suggestions!

Part of the answer about if you will still receive the same amount when your daughter goes off to college will depend on a few things. If she remains at home and attends college full time then yes you would receive the same amount of support. However, when the oldest reaches the "emancipation event" the amount of support will go down. As it stands he is not legally responsible for any college costs and I don't know him so can't really advise you on how to ask him for more money because only you will know how he will react. As already mentioned tons of kids don't have help from their parents I am one of them and I went to a private college so I know what it is like to have amazingly high loans but it is possible to do. Are you talking about paying 25% of all college costs? Are you wanting him to match that? I'm not entirely sure what you are wanting from him.

I was wondering if she goes away to college would I be receiving the same amount as if she were staying home? Right now she is home and going to college full time. She is throwing around the idea of possible going away to college next year. Also, I don't know if its fair of me with the difference in our incomes to pay for 25% and he pays for the rest. I still believe that it would be better for her to take out a student loan and to help her out when she graduates because neither one of us is in a position to pay for college without taking a loan out ourselves if she goes away. This year she is going to community college so its doable for us. For this year I have paid for 1/3 and he has paid for 1/3. I have bought her books. So I was asking him to pay for the balance... and he told me that what he gives me for child support pays for his share of college costs. That's what made me ask the question. Thanks again for your help, answers and suggestions!

Going away to college, doesn't change the fact that you pay her expenses. You are still feeding her, paying for housing, etc. So, no, your support doesn't change whether she goes away or not.

As for getting more out of their father for college expenses, since he has already said what he pays in support should go towards college expenses then it seems unlikely he will kick in more. And I doubt if a court will increase the amount of support.

So, it looks like you are stuck.