"teachrmama" wrote in message
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"Bob Whiteside" wrote in message
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"teachrmama" wrote in message
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"whatamess" wrote in message
oups.com...
On May 17, 11:10 pm, "Chris" wrote:
"Gini" wrote in message

news:T_33i.7514$4a1.5640@trndny07...







"whatamess" wrote
Since CPs claim that it costs SO MUCH MORE money to have an
additional
child in the home...meals, electricity, insurance, mortgage,
etc...How
do they make ends meet once the child support is over, at let's
say
18? Do they all of a sudden go hungry or does the CP lose their
house
since they can no longer afford the house payment for the
additional
child/adult, do they lose their car or insurance since they can
no
longer pay the original amount? Or maybe the electric company,
the
mortgage company, etc...now lower their bills so they can
manage???
Or do they just kick out the 18 year old as soon as the last
check
comes in? Or do they make that 18 year old get a job and pay
the
equivalent of what the non-custodial parent paid in CS, so that
they
all still have a roof over their head, electricity, etc???
==
My husband's ex did nearly all the above even though she had a
decent
salary
of her own as a college instructor.
Stepson came to live with us when he turned 18 as his mom kicked
him
out--said she
couldn't afford him without CS. He finished school and college
here.
He
was
only in
10th grade at 18 because he had learning disabilities. He thrived
here
and
went on to state university
(here). He's now 27 but has been on his own for several years. I
have
no
idea how his mother is
doing financially now. The judge did tell her at the last hearing
(years
ago) that she was going
to have to learn to live on less money. She had asked the court to
increase
the CS for the remaining child
to the amt we were paying for the two ($1200.mo). Yep--She tried
:-)

This brings to mind some questions. A child turns 18 thus becoming a
legal
adult. For whatever reason, "child support" is ordered to continue.
Can
the
court legally prohibit the child from residing with the father? And
if
the
child lives with the father 100% of the time, does the father still
have
to
pay money to the mother?



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Sounds reasonable to me...hehe...

OK, let's say actually that the same CP who kicks out the 18 yr. old
sates they have
to leave because they cannot afford them in their house...so 18 yr.
old goes to NCP house...
Then, NCP decides to take the CP to court to ask for child support
because the child
decides to go to school, therefore, the NCP will pay for college and
just needs the CP
to pay CS...hmmmm...DO YOU THINK THAT THE ORIGINAL CP WOULD ALL OF A
SUDDEN
SAY NO AND CLAIM THE 18YR OLD IS NOW AN ADULT? hehe...OR WOULD THEY
SAY SOMETHING ABOUT THERE NOT BEING ANY INCREMENTAL COST BECAUSE
THE NCP DIDN"T HAVE TO BUY A NEW HOUSE, blah, blah...hmmm...

Can you get a CS order if the "child" is already 18, and there was not
an
order before? Doesn't the original order have to be in place before
the
"child" reaches the age of majority?

The state of Oregon changes this adult child attending school CS law
about
as often as I change my underwear. Under prior law a CS order extending
CS
beyond age 18 ended when an adult child stopped going to college. Under
current law a CS order can be reinstated if a child re-enrolls in
college
before they reach age 21.

The problem with this law is the child has to ask to legally join the CS
case in order to force the CP to pay college support too. Otherwise,
only
the NCP can be ordered to pay college support. The child has to hire an
attorney to get the CP to be ordered to pay CS just like the NCP. And
if
they don't, any arrearage CS goes to the CP not the child as the law
allows.
So NCP's must stay current on CS payments for college age children or
the
CS
money defaults to the CP.

These CS laws providing CS for college students are so filled with
exceptions and caveats it's difficult to keep up with them.

And, if a "child" reenters college at, say, 20 years 3 months of age, how
long would the NCP be expected to pay? A default 4 years? Or until the
degree is obtained, no matter how long it takes? Or only until a certain
age?

Age 21.

What drives me nuts is the adult child attending school support is to be
paid directly to the child under the statute. But if the NCP has any
arrears, regardless of the reason, the arrears go to the judgment creditor
which is typically the mother. The child has to hire an attorney, join the
case, and get a court to establish them as the judgment creditor, after they
turn 18 but before they have a legal claim on post-17 CS.

I had a three year battle with the state's CS administration over this
issue. They were failing to pay the college support directly to my child
and I had the statute and a court order stating she was to receive the
money. CSE refused to get the money back they had paid to the wrong party,
and contrary to the court's order, so I stopped paying in protest. By
stopping paying they invoked their unpublished procedure allocating
arrearages of post-17 CS to the judgment creditor. I raised so much heat
they now openly publish their procedure as one of the formal administrative
rules applicable to adult child attending school support.