[kimberly600]

I have 4 children. My oldest is actually 18 now but finishes high school in June. His Dad has already announced to me that his child support will end in June, as per our divorce agreement. However, my son will be attending community college in September for at least a year or two, and living with me. In our agreement, the Dad and I are to share college expenses on a pro-rated basis to the extent that we are able. That is, he makes 3 times the salary I do, therefore he would pay 2/3 and I would pay one third of his college expenses.
I still feel we are entitled to some child support for this child, and God knows I need it to. My son does not at this point have a job, but hopefully will in the summer.
Thanks

[RubyPitbull]

When a child reaches the age of 18, a parent is not legally obligated to support that child anymore. However, the law allows us to continue to use that child as a write off on our tax returns until they are 21 (I believe) while they continue with their education.

You wrote: In our agreement, the Dad and I are to share college expenses on a pro-rated basis to the extent that we are able. That is, he makes 3 times the salary I do, therefore he would pay 2/3 and I would pay one third of his college expenses.

The divorce agreement is a legal document that overrides our personal decision to cut off all expenses. Whatever is outlined in your divorce agreement is what your ex must abide by.

If you are looking for the standard child support until the child reaches the age of 18, that your ex has been giving to you for your son, and the agreement does not include that or extend it outside of what you have outlined here, you are out of luck if he chooses to suspend that basic support when your son turns 18.

Please read through your divorce agreement very carefully. College expenses is a very vague term. One can interpret that as ALL his expenses while he is in college.

My suggestion would be to contact either your divorce attorney or an attorney of your choosing if your ex is only willing to pay for a part of tuition and nothing else. Maybe he/she will be able to handle this without causing additional friction.

Hope this helps.

[kimberly600]

[QUOTE=RubyPitbull]When a child reaches the age of 18, a parent is not legally obligated to support that child anymore. However, the law allows us to continue to use that child as a write off on our tax returns until they are 21 (I believe) while they continue with their education.

Thank you Ruby -

Only my ex uses the 4 children as a write off. That was part of our trade-off... I got the house.
I will read the agreement carefully and consult with my attorney. I would expect that he would pay at least a portion of the child support for his living expenses while he is still in my home, and not away at college as we all planned.

Thank you again.
Kim

[RubyPitbull]

Kim, you are most welcome!

You wrote: Only my ex uses the 4 children as a write off. That was part of our trade-off...I got the house.

I pretty much figured that. Just from the bit you told me, he sounds like a shrewd businessman to take have used the agreement to literally stop paying child support as soon as your son turns 18. Not a good way for a father to build a loving relationship with his son. I suspect he is not interested in that and I figured that he is going to be difficult in trying to get him to help with additional monies. If your son will be living at home, it will be even more difficult. Yes, please consult with your attorney. You need to have someone else step in and make it appear as a legal obligation rather than a moral one. The less discussion directly between you and your ex is for the best. As I said, minimize the friction. Be matter of fact about it. Don't allow him to make this an argument between the two of you. Rise above that and make it as a moral obligation to help his son get a good start in life so he can support himself properly as an adult. He can't argue with logic.

Good luck honey! :)

[ScottGem]

I still feel we are entitled to some child support for this child, and God knows I need it to. Thanks

Ruby gave you good advice, but I wanted to comment on the above statement. You can "feel" anything you want. You can think you are "entitled" to a lot. But the fact is that you are only entitled to what your divorce agreement says you are entitled to. When you divorced, you negotiated an agreement. That agreement is binding on you. If you want to petition a judge for an amendment to that agreement, you have to take him back to court, but I doubt if you win.

If your ex balks at paying living expenses, you can remind him that he would be responsible for a lot more if your son had gone away to college.

[Fr_Chuck]

And of course you can still file to have the support agreement admended to be more specific on the college. The phase that worried me is the "as we are able" since he could have course claim with all of his other debts he is not able, and back to court you go.

[RubyPitbull]

Very good points brought out by ScottGem and Fr Chuck.