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alpin37 · Jul 9, 2012, 05:41 AM

My 18 year old son finished school. I want to help him to pay for college with the $500 I was giving his mother, I do want to pay directly to the college because he
Will waste the money. I do not want to give it tohis mom. In the divorce docs said pay child support till 18 years and finished school. His mom told him to sue me for the money. I feel bad for my son because of his mom isdoing his head. He does not want to work for any one, not for me or for my ex or any other job.
What can I do?

JudyKayTee · Jul 9, 2012, 05:53 AM

Originally Posted by alpin37

my 18 year old son finished school. i want to help him to pay for college with the $500 i was giving his mother, i do want to pay directly to the college because he
will waste the money. i do not want to give it tohis mom. in the divorce docs said pay child support till 18 years and finished school. his mom told him to sue me for the money. i feel bad for my son because of his mom isdoing his head. he does not want to work for any one, not for me or for my ex or any other job.
what can i do?

What you do is controlled by the Court Order - if it says child support stops at age 18 you can stop paying OR send the money, any amount, wherever you choose.

IF the Order says "18 and finished with school" then you are bound to continue to pay the money to his MOTHER, not to him.

There is nothing you can do except comply with the Order OR go back to Court and attempt a legal argument to pay the school directly, but I strongly believe you will lose.

alpin37 · Jul 9, 2012, 05:59 AM

If I have extra income in another country with my wife and kids, do it count in the amount of child support I have to give to my ex?

Fr_Chuck · Jul 9, 2012, 06:03 AM

First you son can not sue you for anything, it is not his money nor is he a part of it.

You don't have a choice of who to pay, you pay according to the court order, nothhing more, nothing less

J_9 · Jul 9, 2012, 06:09 AM

So, you go back to court and have the order modified so that you can pay the college directly.

JudyKayTee · Jul 9, 2012, 06:15 AM

Originally Posted by J_9

So, you go back to court and have the order modified so that you can pay the college directly.

We need to find out where OP is - you cannot do this in NY, reasoning being that child drops out, something else, Order has to be revisited. Child support (again, in NY) is so that the custodial parent can provide a permanent home for the child.

College expenses (if addressed at all) are addressed separately in the Order.

JudyKayTee · Jul 9, 2012, 06:16 AM

Originally Posted by alpin37

If i have extra income in another country with my wife and kids, do it count in the amount of child support i have to give to my ex?

Income earned by your current wife and kids is not counted.

Your income, wherever you earn it, IS considered when child support is set by the Court.

If you go back to Court to modify the Order you run the risk of having child support addressed and possibly raised (or, of course, possibly lowered).

What State?

J_9 · Jul 9, 2012, 06:18 AM

Originally Posted by JudyKayTee

We need to find out where OP is - you cannot do this in NY, reasoning being that child drops out, something else, Order has to be revisited. Child support (again, in NY) is so that the custodial parent can provide a permanent home for the child.

College expenses (if addressed at all) are addressed separately in the Order.

Good point, I worked last night so didn't think about that.

Location is the key here. I've known of some orders with a clause that the parent pays directly to the school as long as the child remains in good standing with the school. If, and until, the child withdraws or is dropped, the money then goes back to the custodial parent.

AK lawyer · Jul 9, 2012, 06:20 AM

Originally Posted by alpin37

... the divorce docs said pay child support till 18 years and finished school. ...

Does the divorce decree define "school" so as to include college? Because the way you are asking this question suggests it does not. If the "till 18 years and finished school" condition is fulfilled (if you no longer have to pay CS), you can pay the money in whichever way you want.

Originally Posted by alpin37

If i have extra income in another country with my wife and kids, do it count in the amount of child support i have to give to my ex?

The child support you are required to pay to your ex every month should be a specific figure, not a percentage of your income, so this question doesn't make any sense. But CS would be calculated by the court based upon all your income, including that received from another country.