Ask Me Help Desk - Child support after age 18?

Child support after age 18?

My husband has "Joint Legal and Physical Custody" with his ex wife in Oregon. There are 3 kids involved 18 and graduated from high school, 16 and 15. Support is a "Direct" payment order (he pays her directly, no DOJ/DCS involvement) and a per child order not a set monthly amount. The 18 year old moved in with us full time week ago to go to school. What is our support obligation? Does it stay the same, or can we start paying the 18 year old his support?

We pay child support to the ex wife, the kids are old enough to understand what child support is and what it should be for. We have several emails from her stating she uses it for house bills.

Is there a way to set the support for the kids, and get it out of her hands?

Oregon

Quote:

Originally Posted by JudyKayTee

The only way to reduce support is to go back to Court and request a reduction, pleading changed circumstances.

I have asked that this be combined with your other thread.

We are not looking for a reduction, who do we pay, her or the 18 year old that is now living with us and in college

My step son turned 18 and is in college, he just moved in with us full time. We are trying to find out if we pay him the child support or if we have to continue to pay the ex wife. We live in Oregon and have joint custody of the kids, with him being the oldest.

Quote:

Originally Posted by ddhackett

We pay child support to the ex wife, the kids are old enough to understand what child support is and what it should be for. We have several emails from her stating she uses it for house bills.

Is there a way to set the support for the kids, and get it out of her hands?

Oregon

I assume your husband is the one paying the child support.

Child support money is legally used to feed, clothe and shelter the children - that includes utility bills, rent, "house bills," clothing, food.

Unless the children are unfed and barefoot the Court will not step in.

The only way to reduce support is to go back to Court and request a reduction, pleading changed circumstances.

I have asked that this be combined with your other thread.

2 threads merged.

As Judy noted support is used to provide food, shelter and necessities for the child. If the child is living with you, then you are providing those items and no support needs to be paid to anyone. However, you may have to go back to court to modify the custody order to show that your husband is now the primary custodial parent.

Quote:

Originally Posted by ddhackett

My husband has "Joint Legal and Physical Custody" with his ex wife in Oregon. There are 3 kids involved 18 and graduated from high school, 16 and 15. Support is a "Direct" payment order (he pays her directly, no DOJ/DCS involvement) and a per child order not a set monthly amount. The 18 year old moved in with us full time week ago to go to school. What is our support obligation? Does it stay the same, or can we go ahead and start paying the 18 year old his support?

This confuses me. Even if there is a "per child" order, there would be an amount due each month for said child(ren).

As has already been stated, if the 18-year-old is living with you then the mother is no longer the primary caregiver and you do not owe her support for that child but the court needs to be informed of this; he cannot simply stop paying. Your husband will still owe support for the other two children.

My greatest concern is that you make the statement, "Is there a way to set the support for the kids, and get it out of her hands?" As Judy noted, child support is meant to offset the costs that the custodial parent incurs by raising the child a majority of the time. If she uses child support to pay household bills, there's nothing wrong with that - the children eat the food, use the utilities and live in the house.

Quote:

Originally Posted by ddhackett

My step son turned 18 and is in college, he just moved in with us full time. We are trying to find out if we pay him the child support or if we have to continue to pay the ex wife. We live in Oregon and have joint custody of the kids, with him being the oldest.

Please stop creating new threads for the same topic. Your question has been answered, more than one time.

Child support is not paid to the child. It is paid to the custodial parent.

Merged all 4 questions into this one.

Yes, please: ddhackett, please read the responses. Don't post the same question multiple times. We're here to help, but if you ask in several places we get cornfuzed and frustrated.