CS After Failure to Graduate
My OH has two kids, 12 and 14. They are here EOW so his ex is solely responsible for getting them to school. Since early elementary school she has a problem with bringing the kids late or just not bringing them to school at all (which is strange because she didn't work and has a vehicle). There were over 30 instances in one year. The school is concerned. The kids are healthy so there's no reason for the absences.
Neither child is living up to their potential and my SS is doing very poorly grades wise. He is unable to sign his own name and doesn't know what "biology" means. SD does ok overall in school but doesn't do her homework.
The ex took off for a year and the kids lived with their grandmother (without my OH's knowledge, long story involving extreme PAS). During that time the kids were never late and had only 1-2 absences.
In our state, child support must continue until high school graduation or 19 years of age, whichever comes first. Both kids will turn 19 6 months after they should graduate.
My question is...If the kids are not able to graduate on time and my OH can show that his ex did a terrible job getting them to school, will he still be responsible for child support during that 6 month window?
I was the child of a single parent and I fully expect parents to financially support their children. I don't, however, think support should be owed for a legal adult who is only still in school because the parent receiving the support didn't actually parent for many many years. OH has always paid in full and on time.
Any thoughts are appreciated. I'm happy to clarify if I skipped important details. TIA
Our CO stipulated CS until HS
Our CO stipulated CS until HS graduation or age 18 whichever was last. SS graduated 3mos before he turned 18 so the Sperm Idiot was on the hook for CS even though the Skid had finished HS.
The cost of trying to force an early end of CS (by no more than 6mos) would no be worth it. First, don't worry about something that has not happened yet and might not. Second, there is an end whether the Skids graduate or not.
Just hope they don't drop out at 16 and DH has to pay for them so surf his XW's sofa for years.
So much for not worrying about something that has not happened yet. :jawdrop:
(No subject)
:sick:
Graduation or 19, whichever
Graduation or 19, whichever comes first? Go back and re-read, a lot of those statutes have been rewritten that cs continues so long as the child well graduate before their 19th bday.
So it breaks down like this, kids grad six months before 19, cs stops on grad day. Kids fail a grade and will not graduate before age 19, cs stops at 18.
Recheck the laws in your area.
"after January 1, 1990, if
"after January 1, 1990, if the court orders either parent to provide child support, the court order must require that the child support be provided beyond the child's 18th birthday if the child is attending secondary school as defined in Title 20-A, section 1, until the child graduates, withdraws or is expelled from secondary school or attains the age of 19, whichever occurs first."
I don't see any amendments but I certainly could be missing it. Thanks for the info!
I'd check with a lawyer, but
I'd check with a lawyer, but I agree with Rags that the cost of going to court to get it stopped 6 months early is probably more than the CS would be.
I'm not sure. He's paying
I'm not sure. He's paying over $1,200/month. This is based on a salary he once made years ago so its really killing us.
You would think but the last
You would think but the last judge decided no.
It sucks but if they don't
It sucks but if they don't graduate on time but are still officially enrolled, CS won't end until 19.
My SD's BM started her a year late, then held her back a year (rather than get her a little tutoring). We were looking at 20 years old before she graduated and CS would have continued until 21, if that's what it took for her to graduate. She did drop out but also got married at 18, which was a slam dunk for emancipation.
Here in FL it was age 19 or
Here in FL it was age 19 or graduation. SD's mom moved her around quite a bit, and she was held back, so she shouldn't have graduated until this year. She busted her heinie and graduated early. Not that BM ever paid her CS regularly....
She has been found in
She has been found in contempt but there have been no actual consequence. So she just keeps doing literally whatever the hell she pleases.
Years ago we did talk about getting primary custody but things have gone so far downhill with the skids behavior, I couldn't live with them in my home.
Not to be a downer in this
Not to be a downer in this discussion, however, many courts are now extending the length of CS past 19 if the child is going to college or a secondary education. They are calling it mainentance or something to that affect. It is typically much less than CS would be. And it is to replace CS so at least you don't have to pay both. Our friend just got nailed for it when he went to get his ODD emancipated after graduation. BM married into money and sent DD to a private college so now friend has to pay $50/ week TO DD!!!
I am sure after OSS graduates, we will get smacked with some sort of demand or CO for more money.
Yes, our state has this law
Yes, our state has this law but since the oldest may not even make it through high school, I'm not too worried. Plus in my state it can be paid directly to the college
BM is the same way, both
BM is the same way, both skids have been absent from school too much and they are always late. SS15 and BM went to truancy court. BM played the victim and SS15 had to do community service. SS15 should be a sophomore but he'll be repeating 9th grade. Soooo, DH will be paying CS until SS15 is 19yrs 4months. BM would let it happen again if she thought she'd get more money.
I hate to say it, but I
I hate to say it, but I wouldn't count on CS stopping at age 19 if they're still in school. That's the same law they have in my state, so DH went to court to get CS reduced when the oldest "aged out". The judge said the CS reduction would take effect AFTER graduation - even though she turned 19 about 5 months before grad. *sigh* Annoying, but judges can basically do what they want, apparently.
Ridiculous
Ridiculous