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

    Dec 7, 2011, 01:23 PM
    Do I have to pay child support in California if the child is in college?
    I live in California, my son lives with his mother in Pennsylvania and PA has jurisdiction of the child support order, it is not an interstate order. My son will be 18 soon and emancipated! There is no law in PA to pay child support while in college or even pay for college. We do however have and agreement that I will pay a monthly sum directly to my son as long as he is registered full time, passing grades, and completes his BS Degree in 4 years. However I am concerned that she will try and have the support order moved to California or an Interstate order to force me to pay child support while he is in college. Is it possible?
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #2

    Dec 7, 2011, 02:02 PM
    At this point Pennsylvania has the only Order, right? Then it's what that Order says. Eighteen and child support ends (from what I'm reading).

    Any other side agreement is NOT considered child support so any money you send will NOT be counted if another support Order is granted - including money you have "willingly" sent in the past.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #3

    Dec 7, 2011, 02:06 PM
    More important than the law what does the support order say. If the original support order says that support continues, then you still have to pay. It it doesn't then you can enter any private agreement you want.

    PA has jurisdiction, I doubt if any court would entertain a motion to extend.
    twinkiedooter's Avatar
    twinkiedooter Posts: 12,172, Reputation: 1054
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    #4

    Dec 7, 2011, 07:23 PM
    Quote Originally Posted by lbonyeau View Post
    I live in California, my son lives with his mother in Pennsylvania and PA has jurisdiction of the child support order, it is not an interstate order. My son will be 18 soon and emancipated! There is no law in PA to pay child support while in college or even pay for college. We do however have and agreement that I will pay a monthly sum directly to my son as long as he is registered full time, passing grades, and completes his BS Degree in 4 years. However I am concerned that she will try and have the support order moved to California or an Interstate order to force me to pay child support while he is in college. Is it possible?
    If this agreement was part of your final divorce decree then the ex could move that agreement be adhered to. If this was not part of a divorce order then she may decide to take you to civil court to have you continue to pay. She could possibly prevail with an attorney.
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