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Show ALL Forums  > Single Parents  > How To Continue Child Support When The Child Is In College      Home login  
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 prof48
Joined: 3/17/2005
Msg: 3
How To Continue Child Support When The Child Is In CollegePage 1 of 11    (1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11)
Parents providing for their children's college education is a wonderful thing, but not a legal requirement. Once your child is a legal adult there is no way I can think of that you could require any parent to fund them. I am not a licensed attorney and you should consult an attorney in such matters, but child support is not required of ANY parent beyond the age of majority. If I were you I would be working with the financial aid officers at the college she attends to develop a program to help her finish. The only possible exception would be in situations where the offspring lacked mental capacity to be an adult. Even there I doubt courts would impose the burden on parents after the age of majority. Children are provided for because they are children, not because they are going to school or seeking to better themselves.

It may be, if he has not paid medical insurance, but you have, that you, or your daughter could seek resitution for those expenses. Again, only an attorney in the relevant state/country can tell you your chances.
 Closing Shop
Joined: 7/24/2008
Msg: 4
How To Continue Child Support When The Child Is In College
Posted: 9/24/2008 3:43:23 PM

Do you think there is a chance that I could be awarded with continued child support until my daughter graduates from college or drops below full time. This would help us so much? How would i get started on this path with the least expense to myself & my girls?


I don't know anything about this stuff but I'm curious- doesn't child support end when the kid reaches 18? If so, why would the father be obligated to continue sending money after that point?
 jackster121
Joined: 9/2/2008
Msg: 6
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How To Continue Child Support When The Child Is In College
Posted: 9/24/2008 3:53:16 PM
I'm going to guess, No. Once they are of legal age, the father's responsibilty stops. Sorry. But unless he willingly agrees, I do not think there is much you can do. he does not sound like that kind of Father to me.
 carolann0308
Joined: 12/9/2006
Msg: 8
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How To Continue Child Support When The Child Is In College
Posted: 9/24/2008 3:57:18 PM
You have degrees in Finance and Engineering? From the sound of it 15 years in your field you should be making plenty.
Seek legal advice.
 davidsauvignon
Joined: 2/6/2008
Msg: 9
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How To Continue Child Support When The Child Is In College
Posted: 9/24/2008 4:04:02 PM
I know there are some states that stipulate support continue if the child attends college until age 19. I've never heard of age 22, i.e. while he/she attains a 4 year degree. This is normally spelled out in the divorce decree/support order.

I wouldn't procrastinate this any further. If you are entitled to support arrears based on your comment that he hasn't always paid his support, as well as proving you paid for medical insurance/expenses out of pocket because he failed to follow the order, they may continue until he is current. Hopefully you receipts or can get them from your childrens' health providers.

Typically, tax refunds are taken from someone who is in arrears by a significant amount (some places, at least $500) and given to the custodial parent to offset the arrearage.




~ds~
 namrael
Joined: 8/10/2008
Msg: 11
How To Continue Child Support When The Child Is In College
Posted: 9/24/2008 5:07:56 PM
You should contact a lawyer and ask.

However, I'm pretty sure his legal responsibility to his children ends when they turn 18, and since he chooses not to know him, I imagine he's unlikely to care enough to pay for their college education. Your best bet is probably to apply for as much financial aid as you can.
 Spitfire1956
Joined: 3/9/2008
Msg: 12
How To Continue Child Support When The Child Is In College
Posted: 9/24/2008 5:36:06 PM
I know some divorce decrees state they pay child support until they are 18 or otherwise emancipated. If she lives at home going to college then he should still help..but you need to see how the divorce was written out- and that's all I know of 2 states..so not sure what your state requires. Is there a child support division at your County? Wouldn't hurt to check into it.
 BCLVR
Joined: 7/5/2008
Msg: 13
How To Continue Child Support When The Child Is In College
Posted: 9/24/2008 5:40:31 PM
California is til 18 OR 19 if still in high school. I don't think any state would have the provision if still in COLLEGE, but you know laws, quite often they make no sense.

A google indicated the same for Nevada:

"Generally, the obligation ends when the child reaches 18 years of age unless the child is still in high school - in which case the support ends upon the child's graduation from high school, or the child's 19th birthday, whichever occurs first. A child will also automatically be ineligible for child support if that child is removed from disability status by a court order."
 davidsauvignon
Joined: 2/6/2008
Msg: 15
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How To Continue Child Support When The Child Is In College
Posted: 9/24/2008 5:56:52 PM
^^^
Childsupport ends when the child graduates from college.Even if they only go part time,he is required to support his child.Check with your local childsupport enforcement agency.

So you are saying a "child" going to college part time....takes 7 years to get their degree....at age 25, the NCP would finally be relieved of the obligation? What if the "child" at age 22 got married? Had kids of their own....still going to college....the NCP still has to pay "child support" until the "child" graduates?

I'd like to see a link to that law/source....just for my own edjumacation.




~ds~
 ChocolateNutt
Joined: 6/25/2006
Msg: 17
How To Continue Child Support When The Child Is In College
Posted: 9/24/2008 6:07:18 PM
He shouldn't be required to pay child support for college. My parents didn't pay for my education. Most of my friend's parents weren't in the financial position to pay for my friend's education. I won't be able to pay for my daughter's. Once they are considered adult, they should be responsible for at least some of their own welfare. Are you going to support her til SHE retires?

I've told my daughter she can live at home rent-free and I'll pay for the food etc while she goes to post-secondary school as long as her grades are maintained. If she doesn't keep her grades up or chooses not to continue her education, she'll be making her own way. That's called raising a responsible child.

Nutt
 Spitfire1956
Joined: 3/9/2008
Msg: 20
How To Continue Child Support When The Child Is In College
Posted: 9/24/2008 6:20:53 PM
I know my late husband paid child support and his divorce decree stated he pay until they were 18..but if they go to college he continues to pay until they graduate- or if they get married then he wouldn't continue support..but yes they did have that in his divorce decree, and that was from Joplin, Missouri. Some divorces are stated differently- some just pay until they are 18 and some pay until college is done.
 davidsauvignon
Joined: 2/6/2008
Msg: 21
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How To Continue Child Support When The Child Is In College
Posted: 9/24/2008 6:25:26 PM
ds ~ I am sorry. I know this must be sensitive to a lot of people. But I am not posting this to discuss the ethics of someone being required to pay child support until a child graduates from college or to discuss the ethics of never calling even once over the life time of your child to say hello or happy birthday(even the oldest was only 6).

OP, I was responding to mogrl stating the NCP is required to continue to pay as long as the "child" is in college, even if part time. It was after I posted my response, that she edited her post to state until age 22. So that's how it is in MO (going on mogrl's experience). You don't live in MO, however. So, as many have mentioned, before you get so ecstatic, seek legal counsel. At a minimum, start reading Nevada laws regarding your questions.


Edit to add: So based on the link thisisbj provided for Nevada, the age is 18 unless the child is still in high school. So it appears their laws aren't the same as Missouri's.




~ds~
 GrandmaBooBoo
Joined: 12/30/2006
Msg: 22
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How To Continue Child Support When The Child Is In College
Posted: 9/24/2008 6:43:15 PM

Do you think there is a chance that I could be awarded with continued child support until my daughter graduates from college or drops below full time.
I would ABSOLUTELY HOPE NOT!!!!!! This would open the door to every spoiled child in the country sueing their parents for a college education...which could be a never ending event. Don't way to get a job.....sue mom and dad to send you to college so you never have to work full time...or at all!

While it is admirable that both you and your child sees the value of higher education, it is NOT a "right", and our children lose that "entitlement" for support when they either turn 18 yrs old or have completed the compulsory level of education (12th grade)
 TxSippiGal
Joined: 9/30/2007
Msg: 23
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How To Continue Child Support When The Child Is In College
Posted: 9/24/2008 6:54:21 PM
Just to comment on this... Mybest friend's husband left her with 4 children to raise.. just up and left.

She raised them all. Her oldest daughter ... had great grades.. went to a private Christian university. She held down 3 part time jobs, paid for her own books, got tuition in scholarships.. Graduated at the top of her class.. owing no body anything.

The dad determined to no pay his share of child support worked minimum jobs even though he was remarried..

One year the IRS gave his refund check to my friend.. he pitched a fit and called her ranting and raving.. she had done nothing but her State had filed a lien against his assets including IRS refunds.. But my friend told him off.. told him that he should hang his head in shame that his oldest daughter worked 3 jobs.. held an 4.0 gpa and graduated with full honors and he can't even pay his child support.

Anyway all four children are doing well.. married well and are happy.. my best friend reconnected with her high school sweetheart and now they have been married 10 years happily..

So hon just keep your chin up... I think the reason why he has nothing to do with those kids is because he knows that he owes them..
 Closing Shop
Joined: 7/24/2008
Msg: 24
How To Continue Child Support When The Child Is In College
Posted: 9/24/2008 7:04:01 PM
It is insane to me that there are states (or at least one) where a divorced/absent parent could be required to pay child support through college while married parents aren't under the same obligation to fund their kids' education. Who writes these laws?
 davidsauvignon
Joined: 2/6/2008
Msg: 25
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How To Continue Child Support When The Child Is In College
Posted: 9/24/2008 8:04:08 PM

Who writes these laws?

Unfortunately, we do....by electing those who go to Washington to represent us.




~ds~
 ChocolateNutt
Joined: 6/25/2006
Msg: 26
How To Continue Child Support When The Child Is In College
Posted: 9/24/2008 8:25:41 PM
amore, it's none of your business why she didn't get her degree earlier. You have no right to ask that or to be critical of her for that choice. I don't have my degree either, and I'm not going to feel guilty or ashamed because of that.

I think it's crazy for someone to be insisting parents pay their children's college. I know a girl who's been going to university for ten years and shows no signs of completing something and going to work. You think her parents should be continuing to support her in changing her course interests or furthering her education indefinitely when her choices may not ever lead to her selfsufficiency? That's absolutely ridiculous.

Nutt
 ChocolateNutt
Joined: 6/25/2006
Msg: 27
How To Continue Child Support When The Child Is In College
Posted: 9/24/2008 8:48:17 PM
BS You asked for the simple purpose of being mean and rude.

Her question is whether she can have the other parent be as responsible for her child's education as she is, not whether you agree with her educational choices or her job.

And whether you agree or not doesn't affect whether she will be able to solely afford her child's education. Newsflash: most parents cannot afford to solely pay their child's way--that means they can't pay the kid's way, not that they're bad parents or irresponsible. She could have asked the same question if she were a zillionaire--many parents expect the other parent to show equal responsibility regardless of financial status.
 Capitano_Blaugh
Joined: 3/18/2008
Msg: 29
How To Continue Child Support When The Child Is In College
Posted: 9/24/2008 9:12:47 PM
In Canada, if the parents stay together, they have no legal obligation to pay for post-secondary education.

If the parents split, the one who pays support can be held legally responsible to pay CS until the kids graduate from college/university or until they are 25.

Crazy, but true from what I understand.
 packagedealx3
Joined: 2/4/2006
Msg: 30
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How To Continue Child Support When The Child Is In College
Posted: 9/24/2008 9:49:23 PM
Support specifically for college in most jurisdictions I am aware of is not required but can be elected by the people at the time of the divorce or any other time that a modification is made, however, it must be voluntary.

It sounds like your X owes you back support. The child support he is paying for your youngest daughter should remain in force until the back child support is paid. You need to get all of your paperwork together and find out how much he has managed to wiggle out of paying all of these years and in particular determine a dollar amount for medical expenses, etc. Everything he was supposed to pay he owes you because you paid it because he violated the court order and never followed through on it. If you had the children on your insurance, he owes you the insurance amount. If you paid for out of pocket medical expenses, he owes your children that money too. They need to modify the order from the date she turns 18 and/or graduates from high school, whichever is later, to the date at which these amounts would no longer be owed.

I have several friends that never saw a dime of child support until their children were over 18. If you have used medicaid, they should have gone after him a long time ago.
 SteveinHP
Joined: 8/12/2008
Msg: 32
How To Continue Child Support When The Child Is In College
Posted: 9/24/2008 10:18:49 PM
I avoided this, but it is late, I have a bit of insomnia this week....

Damn OP, you really rely on that couple hundred a month...maybe you should take those degree's and find better employment if you can. Your children are all over 16 and they do not need Mommy like they used to. The kids can get part time jobs to help alleviate some of the costs, and before you go off on me, it is something that thousands upon thousands of college age kids do daily.

Platinum, the OP states she works for a low pay rate....
 Rythmn
Joined: 1/21/2006
Msg: 33
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How To Continue Child Support When The Child Is In College
Posted: 9/24/2008 10:41:22 PM
laws vary by state. my children were fortunate. the eldest, adopted after age 16, qualified for tuition assistance. my ex agreed to help me support my youngest through college as she missed the adoption age to qualify. however, she moved out and i lost her adoption assistance funding and the child support. we do, however, keep an eye out on her. she is one of those who needs to find her "independence" in light of her past and also to learn from her mistakes and her victories. right now, i am cutting costs and looking out for decent boarders. i had hoped to continue my foreign student hosting, but after investing in it, they decided to stop it altogether. so, i'm stuck with a whole lot of furniture that i don't need!

based on what you say about your income, your children should easily qualify for federal aid or some sort of grant. that usually includes living expenses beyond tuition. you should discuss with your daughter if she wants to stay home with you and if so, she should go and explain to financial aid, that she will have to be responsible for part of the expenses or you will have to find a smaller place to live. they should be able to help her and she needs to research this online. there are many avenues and sources to finance education if you are persistant. it's usually the people with higher incomes that have a really hard time, because they are now stuck in a lousy mortgage market and cannot get additional income to help their kids.

i doubt you will be able to force him to assist. you would have been able to go after him for the health care expenses and if his income went up, you would have been able to get your payments to go up. but, you didn't-- so, that's life! you made a choice which had it's pluses and minuses. you got less money but also rid your life of having to deal with this man.

best of luck. also your child will qualify for such things as food stamps, etc. if she becomes self supporting. i am sure she will be contributing to others, after getting an education.
 flghtwings
Joined: 2/5/2008
Msg: 34
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How To Continue Child Support When The Child Is In College
Posted: 9/25/2008 2:11:50 AM
Double check with your local family court. In many states, child support is until age 18 or 23 if the child is still a student.

Trust me, I speak with the voice of experience in this....
 kseej1963
Joined: 5/12/2005
Msg: 35
How To Continue Child Support When The Child Is In College
Posted: 9/25/2008 2:28:01 AM
I raised my three children and this topic came up...my ex had to continue to pay as long as child was a fulltime student or to the age of 23.

cheapest route for you to take is your local child support recovery office. You can complete the required ppwk with their office and they pursue the matter.
 YingKissesYang
Joined: 5/12/2005
Msg: 36
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How To Continue Child Support When The Child Is In College
Posted: 9/25/2008 3:04:37 AM
If your ex makes good wages, and there was AN EXPECTATION of children going to college, then yes, you could at least file the court papers "Pro Se" and try it. No guarantees you will win, of course, a lawyers consult or court appearance is more helpful.
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