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    tomphelps's Avatar
    tomphelps Posts: 2, Reputation: 1
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    #1

    Oct 26, 2011, 04:49 AM
    Child Support after 18?
    Hello,
    I have been paying child support for the past 15yrs.My son just turned 18 in Sept. Our original order was in Florida and says only to the age of 18. My son is in NY now and is still in high school. My ex wife says I have to pay until he graduates in June. Do I need to pay till then or can I go by my original orders back in Florida no modifications were ever made to the agreement. Now she is asking for college money as well.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #2

    Oct 26, 2011, 05:16 AM
    If the original order was issued in Florida and you still live in Florida, then the original order should govern. I would check the order and see if it doesn't have a provision for being out of school. Most orders cover until age 18 OR finishing High school. So your wife may be right about that.

    If it doesn't specify, the next question is whether you are paying through an agency or directly. If through an agency, then you will need to go back to court to make sure a stop collection order issued. If not, then explain to your ex that you have fulfilled the obligations of the support order. You can then work directly with your son as to whether you want to help with college.
    tomphelps's Avatar
    tomphelps Posts: 2, Reputation: 1
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    #3

    Oct 26, 2011, 05:51 AM
    I have been paying her directly for 15 yrs. An d I am no longer in Florida I am in North Carolina. So if the order does specify 18 or finishing high school. I pay till June. If not I am done at 18. That's what I am telling her that I will go directly to my son if I want to help him with his college education.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #4

    Oct 26, 2011, 06:05 AM
    But since you and her do not live in Fl any longer she can go to NY court now and ask for modification under NY law.

    Fl still is valid, unless she goes to have it changed. As long as one of you still lived in Fl, Fl would stay the order over this.

    But she can still ask for changes under NY law now ,
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #5

    Oct 26, 2011, 10:13 AM
    Quote Originally Posted by tomphelps View Post
    I am no longer in Florida I am in North Carolina.
    That is bad for you. She can have the case changed to NY and NY law ends support at 21. I''m not sure if it can applied retroactively to a previous custody order. So I would consult an attorney if I were you.
    cdad's Avatar
    cdad Posts: 12,700, Reputation: 1438
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    #6

    Oct 26, 2011, 01:11 PM
    Quote Originally Posted by ScottGem View Post
    That is bad for you. She can have the case changed to NY and NY law ends support at 21. I''m not sure if it can applied retroactively to a previous custody order. So I would consult an attorney if I were you.
    Im not so sure that she can have it changed as he has reached the age of majority. By technicality he is an adult. If I were the OP I would pay up through June then end it. That way it satisfies most orders that would have been created and also the money goes in the child's direction and not to a lawyer in fees.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #7

    Oct 26, 2011, 01:51 PM
    Quote Originally Posted by califdadof3 View Post
    Im not so sure that she can have it changed as he has reached the age of majority. By technicality he is an adult. If I were the OP I would pay up through june then end it. That way it satisfies most orders that would have been created and also the money goes in the childs direction and not to a lawyer in fees.
    I agree with that plan, but given NY law, it may allow her to bring him in for further support.

    To Tom,
    I would suggest if you do stop the payments in June, that you continue making the payments into a savings account so you will be prepared if a court rules in her favor.
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