[sandiesc]

Hi, my daughter just turned 18 on 12/17 and is a full time student and still lives at home,she doesn't drive. She does work part-time and does a internship(no-pay). The ex-husband has not paid his child-support for this month. In the Divorce it say "Respondent shall pay Petitioner,as and for child support,$835.00 per month continuing until the minor child reaches 19,reaches 18 and is no longer a full time high school student,dies,marries,becomes self-supportung". She finished high school 1 year early,but is still a full time student and is not self-supporting at all. We live in Colorado where the law is until she is 19. The Divorce took place in Calif. Any words of Wisdom...

[N0help4u]

You need to go back to court and get it enforced.

[sandiesc]

I did just mail off and new case here in the state of Colo. I know he has to still pay,the state of Colo say he still has to pay,so I guess we will see. It was done in Calif.

[stevetcg]

California had jurisdiction so their law applies since that is where the divorce order and child support was filed. It sounds to me that since she is over 18 and has graduated high school that his CS obligation has ended. I'd speak to a local specialist though.

[Fr_Chuck]

Did I miss read, it said till 18 and is no longer a "high school" student,

She is 18 and no longer a high school student, I can't see why he should be paying under the law.

[sandiesc]

True, she is 18 however she was do to finish high school this year,but she did it early. And we now live in Colorado where the law is until she is 19 or out of high school. I have filed a case with the Colorado child enforement,they told me to do so? So now we will see? He can afford to help a little bit more... She still lives at home and I need some type of help...

[Fr_Chuck]

While the current state now has jurisdiction since you are actually filing after the original one runs out, to be honest you are most likely going to spend more money than you will get for a year. They may go back and rule that the original order was valid.

I would say it is a coin toss on who will win, but you have a right to go to court

[JudyKayTee]

while the current state now has jurisdiction since you are actually filing after the orginal one runs out, to be honest you are most likely going to spend more money than you will get for a year. They may go back and rule that the orginal order was valid.

I would say it is a coin toss on who will win, but you have a right to go to court

I believe the California agreement will be withheld but, as you said, the OP has the right to go to Court in her current State and make a legal argument that it should continue until age 19.

I also don't know if it's filed other than in California that the Court will force the father to incur the expense (and spend the time) to appear. If filed "locally" may very well be referred back to California, causing the OP to spend the time and money.

[cdad]

By all rights the child support has ended. She isn't entitled to file in Colorado unless Calif releases it to that state. The " child " is over 18 and has completed high school. Support ended there. Why waste money trying to continue it ? And who was the one that said to file in Colorado ?

[JudyKayTee]

By all rights the child support has ended. She isnt entitled to file in Colorado unless Calif releases it to that state. The " child " is over 18 and has completed high school. Support ended there. Why waste money trying to continue it ? And who was the one that said to file in Colorado ?

That's the mother/daughter current residence. If you are in NY with an Order in another State you can APPLY to have it transferred to NY but, for reasons I gave above, that is almost never granted.

So it was probably me - :)

[cdad]

That's the mother/daughter current residence. If you are in NY with an Order in another State you can APPLY to have it transferred to NY but, for reasons I gave above, that is almost never granted.

So it was probably me - :)

Wasn't you..


( quote from OP ) True, she is 18 however she was do to finish high school this year,but she did it early. And we now live in Colorado where the law is until she is 19 or out of high school. I have filed a case with the Colorado child enforement,they told me to do so? So now we will see? He can afford to help a little bit more... She still lives at home and I need some type of help ( end quote )


Someone there in Colorado told her. To me it would be a waste of time and resources.

[sandiesc]

The state of Colorado told me to file, I have and it was only $20.00. So,whatever happens ,happens, all I ask of her Dad is just to keep paying until she is out of school which is until June. She finished high school 1 year early... wasn't do to finished until this June.So,he would still be paying anyway. She went into college early,does that seem fair?

[cdad]

The state of Colorado told me to file, I have and it was only $20.00. So,whatever happens ,happens, all I ask of her Dad is just to keep paying until she is out of school which is until June. She finished high school 1 year early....wasn't do to finished until this June.So,he would still be paying anyway. She went into college early,does that seem fair?

Your asking is it fair. In my opinion its not fair. Here is why. There were conditions placed upon both of you at the time you divorced. You both signed the papers. Now you don't " feel " its fair that you moved to a state that allows child support to continue longer. Did you know that what your doing is actually against the law and you could be put in prison ? That's why there are laws against parental state shopping for child support benefits. Its suppose to be covered under the uniform act that all states are suppose to abide to. You skipped that step and filed for your $20. Is someone representing you ? Are you going through a state agency ? Is it fair that you could end up paying court costs plus traveling fees if you lose ? After all your asking your ex to defend himself against actions you have taken. Is it fair he might have to hire a lawyer at unknown costs and possibly fly there to Colorado to fight this ? Where do you see it as fair ? Signing a contract and then renigging on it isn't fair at all.

Your current state has to have jurisdiction transferred to it to be able to hear the case. If not then your looking at filing in Calif where the original order is from.

[sandiesc]

Damn, I am not asking for something he can't do! He makes 100k and I make 24k..
and as far a prison,what are you taking about? I had the courts and the X OK to move to Colorado way B4 the divorce was granted!. So,I'm not to sure why you seem so angry?

[JudyKayTee]

Damn, I am not asking for something he can't do! He makes 100k and I make 24k..
and as far a prison,what r u taking about? I had the courts and the X ok to move to Colorado way B4 the divorce was granted!..........So,I'm not to sure why you seem so angry?

Actually CalifDad is not angry - he's trying to explain the law to you and you are hung up on what is fair. The law is not always fair.

I don't think you are "hearing" what he is "saying."

Also, while we're on the subject - please don't text speak. It really does diminish the extent of your problem and makes it sound like your daughter is writing these posts.

If the move State-to-State scheme actually worked, half the people receiving child support would move from an "18" State to a "21" State.

[Synnen]

If you want to be on "fair" here--why is it "fair" for the father to have to pay longer than his original court-ordered support? Why would you think it's fair for HIM to have to pay longer just because YOU are in a different state?

"Fair" would be abiding by the original agreement you SIGNED.

PS--my siblings and I all worked our way through college, and have a greater respect than most of our peers for what a college education COSTS. I'm sure it wouldn't hurt your daughter to get a job.

[sandiesc]

Excuse me, she has a job(part-time) and did her own student loans... So,before you go off on somebody get the facts... all I am asking is that he pays just bit longer like he would have if she was to have finished school,when she was suppose too.Not early like she did. I'm not asking for anything more then that. I think the money should go to her,she is a hard worker,going to school full time and working part-time and doing a internship. She needs a little help from her Dad not me! So please don't think I'm thinking this is unfair for me...

[JudyKayTee]

Excuse me, she has a job(part-time) and did her own student loans........So,before you go off on somebody get the facts........all I am asking is that he pays just bit longer like he would have if she was to have finished school,when she was suppose too.Not early like she did. I'm not asking for anything more then that. I think the money should go to her,she is a hard worker,going to school full time and working part-time and doing a internship. She needs a little help from her Dad not me! So please don't think I'm thinking this is unfair for me............

Has she simply asked her father for another X months of support instead of having you go into Court about this? Otherwise - the opinions you are getting are based on the facts you have posted. When the facts change, the information changes.

You are getting angry at people who are simply trying to help based on what you have posted. No one here wants to argue with you but the law is what it is, no more and no less.

[Synnen]

Then SHE should call her dad, ask him if he'd help out a bit with some money, and see what that gets her.

If they have a close relationship, have spent time together, bonded--I'm sure he'll be happy to help his little girl out.

If you've kept them apart because you moved--well, if he doesn't KNOW his daughter, why should he CARE about her?

Either way, he abided by the original agreement. She's 18 and out of high school. That's all the longer he HAD to pay.

She (and you by extension) are not ENTITLED to his success.

[sandiesc]

My very first post,said it all...