CS ending at 18 according to agreement. But....?
I was just figuring some things out and I think we have 6 years of CS left for SD12. Our kids together will be 5 and 7 when it's over so that means real school and only daycare in the summer so in 6 years we should be doing pretty well with thousands in extra cash a month!
I have a question though. In DHs divorce agreement it says he will pay CS until SD is 18 and then college expenses will be revisited when the time comes. My husband gave SD his GI bill so revisiting college expenses would probably mean BM's obligations would be outlined, unless she goes for extending CS. If it's already in the agreement to end at 18 what does that mean? BM lives in a state where CS can extend through college. My fear is she'll open this back up and try to get CS for longer while SD is in college which as of now imy DH is funding 100% vs BMs 0%.
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I'm confused - if DH and BM
I'm confused - if DH and BM agreed it would end at 18, but state law says it goes through college, then yes, I'm guessing BM will try to get it through college, and likely win. At least here, college tuition and child support are considered different issues, so the fact that DH has provided for her tuition won't mean he pays less or no child support.
It sounds like just college
It sounds like just college expenses are up for review after age 18, not child support? That's my DH's situation - CS ends at age 18 / end of HS, but college expenses are open and reviewable by the court.
No CS after age 18 per state law here, though.
Yes that's how it's written.
Yes that's how it's written. I think the law changed the year after the divorce was signed saying it now goes to 19. It's NJ BTW is anyone has more relevant experience.
She said BM lives in a state
She said BM lives in a state where CS can extend through college. Typically judges can toss out the divorce agreement in favor of the state laws, and usually do, would be my guess. There is a reason they feel CS should go through college.
One would think the GI bill
One would think the GI bill would out weigh CS as a benefit to the child though. That is tuition, books, boarding and living expenses. I would fight the court and refuse to give the GI bill if BM demands CS. They can figure it out.
They are treated as separate
They are treated as separate issues. Child Support is for day-to-day living, and tuition is tuition. If he refuses the GI bill, then he'll just end up paying child support AND tuition.
Not saying it's fair, but generally, that's how the court views it.
The gi Bill covers tuition
The gi Bill covers tuition and a living expense stipend. If CS extends he'd be paying BM for SD even if SD wasn't living at home. If SD does live at home or rents a place that's less than the stipend then her and BM both will be getting paid.
Get ready---if bm files for
Get ready---if bm files for relief beyond age 18, she will likely win.
I googled general terms for ya.
New Jersey laws do not consider a child to be emancipated at 18, if they are attending college as a full time student.. The law requires parents to continue support throughout college, or at the latest, when the child reaches the age of 23.Mar 25, 2020
Ugh 5 more years? I'd like us
Ugh 5 more years? I'd like us to be able to save for our kids college too! I know that once CS is over then SD is going to want a big wedding right as our kids together begin to look at colleges.
Well that's a hell no to a
Well that's a hell no to a big wedding after paying for her living expenses up until 23.