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Child Support for enrolled college student

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  • Child Support for enrolled college student

    Here is my situation. My 20 year old step daughter lives with my husband and myself. Has been since turning 18. She's a full time college student and should be (God willing) graduating this coming June 2014. My dilemma. She will be turning 21 next month, December 2013. We live in NY state. Is it possible to have the child support extended until she at least graduates? The non custodial parent is, and always has been in the arrears. But the pittance she does at least send helps with my child's car insurance and cell phone bill, plus some school stuff. Do I need to address this issue with the court BEFORE my child turns 21, or do I wait until after? There is NO communication whatsoever with the other parent, a decision of her choosing. So speaking to her is of no help. I would definitely need the court to intervene. Thank you for any help !!

  • #2
    Re: Child Support for enrolled college student

    Originally posted by chris70442 View Post
    Here is my situation. My 20 year old step daughter lives with my husband and myself. Has been since turning 18. She's a full time college student and should be (God willing) graduating this coming June 2014. My dilemma. She will be turning 21 next month, December 2013. We live in NY state. Is it possible to have the child support extended until she at least graduates? The non custodial parent is, and always has been in the arrears. But the pittance she does at least send helps with my child's car insurance and cell phone bill, plus some school stuff. Do I need to address this issue with the court BEFORE my child turns 21, or do I wait until after? There is NO communication whatsoever with the other parent, a decision of her choosing. So speaking to her is of no help. I would definitely need the court to intervene. Thank you for any help !!
    Child support stops when a child reaches the age of 21 or is earlier emancipated. The parents may agree to support their children beyond the age of 21, for example, until the children graduate from college. In your husband's case, I seriously doubt that the NCP is going to agree to support the child beyond age 21.

    If the fact that the child support is going away next month is going to make that much of a difference, I suggest that it may be time for the child to get a job so that she can start contributing to her OWN support to pay for those "extras" that are being paid for now out of the minimal CS payments he's already receiving from the NCP. IMHO, a 21-year-old should already have been paying for her own cell phone and car insurance - non-essentials that CS shouldn't be covering anyway, especially when CS is paid as minimally as it is.
    "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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    • #3
      Re: Child Support for enrolled college student

      Advise her to get a job or forget the car and cellphone. My 19 year old stepdaughter has not been given a car and perish the thought, has a basic cell phone like the rest of our family. If she gets a job, she can have a car if needed. They are luxuries. A basic phone is for safety and simplicity. Child Support? Oh that is when she talks her dad into buying her something once in a while.
      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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      • #4
        Originally posted by chris70442 View Post
        Here is my situation. But the pittance she does at least send helps with my child's car insurance and cell phone bill, plus some school stuff. Do I need to address this issue with the court BEFORE my child turns 21, or do I wait until after? . . . I would definitely need the court to intervene. Thank you for any help !!
        Interesting paragraph.

        Nonetheless, a 20 year old is quite capable of self-support. Why anyone is paying her bills boggles the mind. It certainly doesn't help HER at all.

        If she gets an advanced degree is her family to continue supporting her?

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        • #5
          Re: Child Support for enrolled college student

          My child has a job, pays towards her own expenses, gas, food, something towards the house, other necessities. Her Walmart cell phone plan is something I cover because I REFUSE to pay top dollar for something that can be obtained a lot cheaper, as proven by Straight Talk. I cover her car insurance because this semester she has 15 credits, plus her night job, PLUS an unpaid internship that requires a lot of hours. Although the internship is unpaid, this is experience she could NEVER get in a classroom setting, and will put her ahead of the game, once out of school. My question was purely about the law. Again, do I file BEFORE the 21 st birthday, or wait until after the birthday to have the support continue. The support I'm asking for from the NCP will not in any way be a strain on her. Her daddy pays it out of her trust fund..... Another reason I'm beyond THANKFUL that my step daughter lives with me and my husband and understands that you WORK for what you want .... But the MORAL obligation of the NCP should not be overlooked ..

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          • #6
            Re: Child Support for enrolled college student

            Originally posted by chris70442 View Post
            My child has a job, pays towards her own expenses, gas, food, something towards the house, other necessities. Her Walmart cell phone plan is something I cover because I REFUSE to pay top dollar for something that can be obtained a lot cheaper, as proven by Straight Talk. I cover her car insurance because this semester she has 15 credits, plus her night job, PLUS an unpaid internship that requires a lot of hours. Although the internship is unpaid, this is experience she could NEVER get in a classroom setting, and will put her ahead of the game, once out of school. My question was purely about the law. Again, do I file BEFORE the 21 st birthday, or wait until after the birthday to have the support continue. The support I'm asking for from the NCP will not in any way be a strain on her. Her daddy pays it out of her trust fund..... Another reason I'm beyond THANKFUL that my step daughter lives with me and my husband and understands that you WORK for what you want .... But the MORAL obligation of the NCP should not be overlooked ..
            First and foremost, understand that what YOU think is completely irrelevant. This is NOT your child. She is your HUSBAND'S child and a legal stranger to YOU. YOU don't have any legal standing to ask or demand ANYTHING from the child's mother.

            LEGALLY, the parents aren't obligated to financially support the child beyond their 21st birthday. Morally is a matter of opinion, and in your case, CHOICE. Moral obligations aren't legally relevant, or legally enforceable.

            What you and your husband choose to pay for is on you. However, once that child reaches her 21st birthday, no court is going to order that support be extended just so that someone else has to share that burden with you and your husband that you have chosen to undertake yourselves. If you two wish to continue providing additional support, that's a choice, and NOT an obligation - and certainly not something you can force upon the other parent who doesn't choose to join in.
            "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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            • #7
              Re: Child Support for enrolled college student

              Absent an agreement between the parents to extend child support until the child graduates, child support terminates at age 21. Therefore, the best option is to consult an attorney with all previous paperwork regarding this case. The Court has the ability to extend child support. Further, if there is a court order requiring the non-custodial parent to pay child support, and that support is not being paid properly then the custodial parent has the right to pursue contempt charges.

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              • #8
                Re: Child Support for enrolled college student

                Originally posted by Disagreeable View Post
                Advise her to get a job or forget the car and cellphone. My 19 year old stepdaughter has not been given a car and perish the thought, has a basic cell phone like the rest of our family. If she gets a job, she can have a car if needed. They are luxuries. A basic phone is for safety and simplicity. Child Support? Oh that is when she talks her dad into buying her something once in a while.
                Your daughter is 19 years old and child support still runs through your mind? LOL

                If you are having money problems, you should get a second income.


                Child Support: For The Best Interest Of The Baby Mama

                Alimony.......Because he wasn't good enough for you, but his money is.

                Women Who Can't Feed Their Children Are Rewarded With Government Handouts.
                Men Who Can't Feed Their Children Are Sent To Jail.

                Paying Child Support For 18 Years: Up to $250,000.00 Plus
                Getting A Vasectomy: About $500.00
                Shooting blanks to Keep your money yours: Priceless

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                • #9
                  This is a nice discussion. I sent it to my ex and daughter as food for thought

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