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Child turning 18... Want to use the funds for son's college.

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  • Child turning 18... Want to use the funds for son's college.

    Oklahoma
    1. Child turns 18, his dad/my exhusband owes over $1000 in medical expenses per decree. I've sent several copies of expenses, but no payment in 2 years. Once son turns 18 is it too late to proceed with collection of funds...thinking of small claims court? Want to use the funds for son's college.

    2. Can dad be required to pay some $ for car, gas, insurance, sports, graduation items, prom, college as his child support stops once child turns 18 or graduates high school. We divorced when son was 1-yr. old so college wasn't part of the picture then. Dad has paid same amount for 10 years and never anything extra and as child has grown, so have costs. Child does work and pay for items, but not all of the above and I'm a teacher, so I have low pay.

  • #2
    re: Child turning 18... Want to use the funds for son's college.

    I wish to inform you that generally a parent is not obliged to pay after child turns 18 but a court can grant order for payment of child college expenses. As regards 1,000 not paid by father you can recover that amount by obtaining a garnishment order if the expenses are part of child support or court ordered payments.

    AFF

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    • #3
      Re: Child turning 18... Want to use the funds for son's college.

      Originally posted by sjohnson View Post
      Oklahoma
      1. Child turns 18, his dad/my exhusband owes over $1000 in medical expenses per decree. I've sent several copies of expenses, but no payment in 2 years. Once son turns 18 is it too late to proceed with collection of funds...thinking of small claims court? Want to use the funds for son's college.

      2. Can dad be required to pay some $ for car, gas, insurance, sports, graduation items, prom, college as his child support stops once child turns 18 or graduates high school. We divorced when son was 1-yr. old so college wasn't part of the picture then. Dad has paid same amount for 10 years and never anything extra and as child has grown, so have costs. Child does work and pay for items, but not all of the above and I'm a teacher, so I have low pay.
      If the child's expenses have increased, then why have you not ever gone back to court to have the child support increased as well? That has always been an option for you over the child's entire life.

      You may be able to go back to court and ask that the father be ordered to share in the child's school, graduation, and college expenses.

      As for the car and associated expenses, your child should be the one paying for those. If he doesn't already, he should be getting a job to cover the costs. If you choose to pay them for him, it would be unreasonable to force Dad to share in that expense, as a car is NOT a requirement. If neither you or your son can afford to pay those expenses, perhaps your son should find another way to get around town.
      "If it ain't in writing, it never happened."
      "A lack of planning on your part does not constitute an emergency on my part."
      "You can never make the same mistake twice, because the second time you make it, it's not a mistake, but a CHOICE."

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      • #4
        Re: Child turning 18... Want to use the funds for son's college.

        Basic research indicates OK is not one of the states who will order a non custodial parent to pay for college. YMMV
        Due to a recent promotion, I should now be referred to as Major Obvious.

        I would not be trying to provide information and knowledge if I did not sympathize.

        Some days it is just not worth chewing through the restraints to face life.

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        • #5
          Re: Child turning 18... Want to use the funds for son's college.

          Originally posted by sjohnson View Post
          Oklahoma
          1. Child turns 18, his dad/my exhusband owes over $1000 in medical expenses per decree. I've sent several copies of expenses, but no payment in 2 years. Once son turns 18 is it too late to proceed with collection of funds...thinking of small claims court? Want to use the funds for son's college.

          2. Can dad be required to pay some $ for car, gas, insurance, sports, graduation items, prom, college as his child support stops once child turns 18 or graduates high school. We divorced when son was 1-yr. old so college wasn't part of the picture then. Dad has paid same amount for 10 years and never anything extra and as child has grown, so have costs. Child does work and pay for items, but not all of the above and I'm a teacher, so I have low pay.
          Small claims court is not the place to file an action relative to support. That issue will be referred right back to the superior court and should be filed in the case where support and medical expenses were ordered.

          Delinquent support may be collected, it does not have a statute of limitations so the fact the child is now 18 is not a bar to your moving in court for a show cause for contempt -- for his failure to pay support as ordered. Letting the original order go for 10 years without modification was a mistake but cannot be modified at this point in time.

          If college was not provided for in the original order, you will have difficulty trying to get an order for such at this point in time.

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