CS ending at 22?
My DH has been paying cs since early 1990s.SD is 18 and headed to college.His paperwork from that time said that he would pay BM directly until 21 but if in full time college until her 22nd birthday. I dont have to tell you how angry it maked me that our state is one of a handful that does this.We pay ALOT and have struggled financially through our entire marriage.
Anyway around the late 90s she took DH back to court(one of many times)to get more money.He was never in arrears but she wanted and the court agreed she could get the money through state collections unit-so it gets garnished.Heres my question-
We spoke to a lawyer and CS unit and they say that last year of support is not a guarantee (from 21 to 22)even if shes still in college (a big if with her history) .I really dont know if I believe it but both lawyer and CS collections said we have an end date with them through CS unit for her 21st birthday and becasue she changed from the original decree(of direct paying to auto thru the state) that state law will override the decree UNLESS she takes DH back to court prior to her 21st birthday.If she doesnt get wind of it and take him back before garnishment ends it will be too late. I hate to put this much detail out there on the internet. She is not too computer savvy but I always worry someone will find my posts but I am really curious if anyone has experienced this.
Like I said Im not sure I believe it and I have in my head it will probably have to be paid until 22 but I was wondering if anyone knows anything about this? We have lost every battle she has started and I am resigned to lose this one but was just wanting opinions.Thanks in advance
Depends on where you live.
Depends on where you live. If you live in the militantly pro-BM states of the U.S. (NY, MA, CA)then you're screwed.
CS continues till 21 no matter what and it can go even further if the BM has a "special needs" child. Special needs meaning that the child fogs up a mirror. OR if the skid is going to take six years to do two years of college (which is typical; colleges LOVE these types of underachieving C.O.D.s as they keep getting more money for do-overs during the "guilt fest")
Then there's ye olde 50% of college which is standard issue here in NYS.
We are from NY.She has no
We are from NY.She has no "special needs". The decree says she is emancipated at 18 if completely independent and working fulltime or joins armed forces,gets married etc.-sooo not gonna happen.
There was no stipulation for college thank goodness.Not sure why-it was 1994-I dont really know. She got a scholarship anyway as long as she doesnt blow it.Not sure HOW she got it since she missed 50 plus days of school and goes in half the day.Shes not sick so go figure.She does most of her work AND tests at home.Ive stopped trying to figure it out.
It says she is emancipated at 21 otherwise except if she is in fulltime college.It further states that CS would be until 21 or 4 years of college completed but in no event past the age of 22 years.So Im counting on that at least.Think I might end it all if it goes past 22.He's been paying since shes a year old and I met him when she was 3.Its been long enough.
I figured we are paying until 22 anyway.I never believe what these lawyers say until I hear it from a judge.NY has burnt us too many times.Just wondering other opinions on it all.Thanks for the response
I have no advice but
I have no advice but seriously I am SHOCKED that he has to pay until 22! She is an ADULT and should be responsible for herself! I would leave my DH if he ever said that he was paying a dime past age 18. SS4 was 1 when he we met and by time he is down paying support, he will have paid BM over $140,000!! The BMs should just put some of that money away if they would like to provide for their adult children! That is insane
Our support went down when sd
Our support went down when sd went to college BUT we paid 60% of what wasn't paid by her scholarship. SD got a living stipend, room and board, books.
It would have continued until she graduated college.
Child support continues until 21 here unless she is self supporting or no longer under the control of BM.