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Aint that the shit? If you were married to the mother then legally you would have no obligation to support the child after they turn 18 wether they were in school or not. Im not saying you shouldnt if you have the means, but to be forced to by the state is complete bullshit.
In NJ that is not the case, the "child" can force you to pay support for them until the complete school and even carry insurance on them until 23.
jeff, this is america of course she can go back to court and ask a judge to continue the child support due to his enrollment as a full time student .
( hope she's not on tht )
the only thing in your favor is that she waited till 18 to go back to court.shows that up to that point she was fine with the arrangement.
Anyone can sue anyone any time for any reason (even illegal) as many times as they wish. So long as one lawyers lives and breathes, the mother of the child can bring a suit to change the terms of your support decree.
Can she prevail? That's for NC lawyers to answer. (as stated) If it says 18 on your decree, then you are done. All arrangements with your son can be made directly to your son and she can pound sand.
If she sue's, you must answer the suit. (i.e. get a lawyers) Sounds like you will prevail. Especially if you have check stubs cashed by your son (after he's 18) to prove your support.
I'd keep all records of financial support to your son (after 18) for a number of years. That might include meals, tuitions, supplies, rent payments, gifts, etc.
There are many free websites (I don't want to post a link), just google legal advice and you'll be directed to sites where REAL attorneys answer simple legal questions (like yours).
In your case, you need an answer from an attorney practicing in North Caroline (or the state where your child/support is).
Excellent suggestion. As far as the site I picked, I don't know if they were real lawyers or not. Obviously, I will get some bonafide legal advice before I do anything.
Here is what I have been able to gather so far:
I have to file paperwork with original state that issued support payment order to stop payments due to emancipation (age 18).
Pay until graduation from high school.
Thanks for the advice.
Jeff
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In NJ that is not the case, the "child" can force you to pay support for them until the complete school and even carry insurance on them until 23.
Yep, happened to a co-worker. No problem from the Ex but the kid turned 18 and he sued the dad to pay for his college. Wasn't pretty, dad had no money at the time, had to 2nd mortgage etc to pay it.
[quote=obbayer;2816156]Yep, happened to a co-worker. No problem from the Ex but the kid turned 18 and he sued the dad to pay for his college. Wasn't pretty, dad had no money at the time, had to 2nd mortgage etc to pay it.[/QUOT\\
Suing your dad seems like a long shot for a meaningful relationship with him. Dad, Sorry my lawyer just rang 40k on you, want to go grab something to eat.
If you only have a "couple of months" you should be done at 18. Ifit was gonna change she has to drag you to court also and you would have received notice. Bite your tongue and keep your mouth shut about it to anyone that knows her. If it's just a couple of months of course
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I have been paying child support for almost 18 years. In a couple of months, my son will turn 18. My court order states that I am required to pay until the age of 18.
I know some people who are ordered to pay until the child finishes school.
Question:
Can my ex go back to revise this order to include school/college when I stop paying on the 18th birthday?
Jeff
Jeff,
As others have already noted, it depends in part on what state your divorce was granted in, what state your children and ex-wife currently live in (if different) or even sometimes what state you now live in. In Kentucky, the obligation to pay child support ends when the child reaches the age of 18, unless the child is still in school at that time. Then it would continue until the end of that school year. No legal obligation to pay for college.
If you agreed to pay for school beyond 18 or until some age specific beyond 18, then you are on the hook until that agreed upon condition is completed.
Check with an attorney to be sure your obligation ends on the child's 18th birthday. Then have the attorney file a motion with the court asking that an order be entered officially recognizing that your child support obligation has been terminated. This can prevent headaches down the road.
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