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#1
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Child Support Past 18
I need a sanity check, Following is the scenario:
* Divorced well over 14 years *2 children current ages 18 and 16..Both plan to attend college. * Married and divorvded in New York * Used to pay a court enforced order for child support, negotiated with ex-wife to terminate support order and I'll increase my weekly payments plus help out on special occations. She agreed and the court order support was terminated. * Things were great for well over 10 years, now my oldest is graduating high school. I'm paying much more than what the court originally order, and I'm happy. No problems there Here's where I need the sanity check, as I stated my eldest son is 18 and plans to attend college. He's held a part time job for quite some time and made cash playing music. My intentions were to reduce the amount of child support I send to my ex-wife and send cash to directly to him. But my ex-wife want me to increase child support payment. I said NO. Was I wrong? I cant afford to pay more. I'm bearly able to continue to send the current amount. My ex-wife has threaten to take me back to NY family court, but things are different now. We both remarried, we both have more children, neither of us lives in NY. Can she do this? The states (MD & FL) we live in has a child support cut off at 18, I would think she would have to file in MD or FL. I prefer to stay out of the court systems, but it out of my hands. |
#2
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Child Support Past 18
wrote .................................. Here's where I need the sanity check, as I stated my eldest son is 18 and plans to attend college. He's held a part time job for quite some time and made cash playing music. My intentions were to reduce the amount of child support I send to my ex-wife and send cash to directly to him. But my ex-wife want me to increase child support payment. I said NO. Was I wrong? I cant afford to pay more. I'm bearly able to continue to send the current amount. My ex-wife has threaten to take me back to NY family court, but things are different now. We both remarried, we both have more children, neither of us lives in NY. Can she do this? The states (MD & FL) we live in has a child support cut off at 18, I would think she would have to file in MD or FL. I prefer to stay out of the court systems, but it out of my hands. == Which state do the kids live in? That should be the controlling state, not NY. A court order will only include the minor child. Florida has income shares support. Both states probably have their CS guidlines calculator online. I know FL does. FYI--CS guidelines have increased substantially since your last order. It is possible that the amount ordered for the one minor child will equal the amount you've been paying for both. Knowing the controlling state as well as your income and the ex's, you should be able to calculate the amount the court will order. FL doesn't care about your subsequent children. == |
#3
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Child Support Past 18
While I agree that the court order only applies to the minor child, be aware that there are states such as NY that have statutes and/or case law which give the courts the authority to order college support in some form. What that usually translates to is continuing the existing child support until the child graduates college or reaches 23. (Assuming they are in a full time program.) It was my understanding that NY retains jurisdiction until you or your x file a request from your new state of residence and get that approved. Your x should have little trouble with that choice if she wishs, btw. (My second-hand experience, admittedly not worth much strongly suggests that the courts readily change jurisdication at the request of the custodial parent, but seldom do so at the request of the non-custodial parent.) You can argue that she has lived in x state for x years and that state should now have jurisdiction. She can argue it started in NY, she wants NY to retain jurisdiction and esp. that the only reason you want jurisidiction changed is to get out of paying for college. My guess is the judge will agree with her. You need to research the CS guidelines in NY and in whatever state (MD/FL) your x resides. It looks like it would be to her advantage for NY to retain jurisidction, at least as far as digging into your pocket to get cash for your 18 year old. I agree of course that in fairness jurisdiction should be transferred out of NY, but my point is don't be certain that will happen. Depending on state law at this point (older children) you may or may not be successful in arguing attribution of income re. your x's earning capacity. Of course as Gini mentioned, the courts will not consider any obligations or expenses for children born after your 16 year old. Research the current guidlines in NY and in the state your x resides, as Gini suggested. This will give you a bottom line figure and then you can decide whether you want to try to finesse your x and pay a bit more or go to court and risk paying much more. When you do your calculations factor in that you can probably pick up some tax deduction for the forced tution assistance. Don |
#4
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Child Support Past 18
wrote in message oups.com... I need a sanity check, Following is the scenario: * Divorced well over 14 years *2 children current ages 18 and 16..Both plan to attend college. * Married and divorvded in New York * Used to pay a court enforced order for child support, negotiated with ex-wife to terminate support order and I'll increase my weekly payments plus help out on special occations. She agreed and the court order support was terminated. * Things were great for well over 10 years, now my oldest is graduating high school. I'm paying much more than what the court originally order, and I'm happy. No problems there Here's where I need the sanity check, as I stated my eldest son is 18 and plans to attend college. He's held a part time job for quite some time and made cash playing music. My intentions were to reduce the amount of child support I send to my ex-wife and send cash to directly to him. But my ex-wife want me to increase child support payment. I said NO. Was I wrong? I cant afford to pay more. I'm bearly able to continue to send the current amount. My ex-wife has threaten to take me back to NY family court, but things are different now. We both remarried, we both have more children, neither of us lives in NY. Can she do this? The states (MD & FL) we live in has a child support cut off at 18, I would think she would have to file in MD or FL. I prefer to stay out of the court systems, but it out of my hands. Funding college expenses these days involves a lot of factors. You need to get some basic resources so you can make the best decisions. Here is a list of good resources available on the Internet: 1. Department of Education brochure "Funding Your Education." 2. FAFSA student and parent loan process and details of how it works. 3. IRS Publication 970 "Tax Benefits for Higher Education." To speak to your original sanity check comments - If your ex pushes for a formal CS agreement at this point, she will be required to declare CS received as income. That will drive up the out-of-pocket cost of college education called the Expected Family Contribution. The student would benefit more from you giving them the money directly because they get a reduced EFC plus the extra money. |
#5
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Child Support Past 18
"Bob Whiteside" wrote in message
ink.net... [snip] Funding college expenses these days involves a lot of factors. You need to get some basic resources so you can make the best decisions. Here is a list of good resources available on the Internet: 1. Department of Education brochure "Funding Your Education." 2. FAFSA student and parent loan process and details of how it works. 3. IRS Publication 970 "Tax Benefits for Higher Education." To speak to your original sanity check comments - If your ex pushes for a formal CS agreement at this point, she will be required to declare CS received as income. That will drive up the out-of-pocket cost of college education called the Expected Family Contribution. The student would benefit more from you giving them the money directly because they get a reduced EFC plus the extra money. I'd bet a dollar to a doughnut his X just wants the cash and doesn't give a tinker's damn about the kid going on to a decent college. Oh, sure, the local community college, part time, nights for the next several years, sure. That way Mommy-dearest can claim junior as a tax break and STILL collect her share of his wallet for another 5 years and the "kid" is 23! It's a scam. The pinheaded politicians and their crony judges in MA figured this out long ago - keep the "kid" (i.e., adult "child") living with Mommy for as long as possible and the state will reap the rewards of keeping another deadbroke father on the books to suck dry. All the while collecting that nice, fat, tax-payer funded check from the fine folks at the Federal Matching Funds. Oh yeah, won't that be peachy. Come on, smell the coffee and snap out of it! Mommy knows she can get a nice, easy ride for another few years and then repeat the whole thing when the "little one" hits their 18th birthday too! And I'll bet she's just dying to see how much higher the C$ "guidelines" go up between now and then... Fun, fun, fun till the Fat Lady sings in another 8-12 years. Joy to the World. |
#6
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Child Support Past 18
"Dusty" wrote ............................ I'd bet a dollar to a doughnut his X just wants the cash and doesn't give a tinker's damn about the kid going on to a decent college. == But, so far, we don't even know if the controlling state requires post 18 support. If not, he is totally volunteering the funds in which case, he should be able to give it to the "child." Note that in PA college support isn't required but if the NCP agrees to it voluntarily, the court will enforce that agreement. == |
#7
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Child Support Past 18
Thanks for your comments; x & kids lives in FL which and has lived
there for 5-6 years. The kids attend school there as well, and she's held employment in FL. I did find the FS calculator for CS. It is insane current family obligations is not considered. I figured if she has not paid NY taxes why on earth would NY CS get involve. Money is not a problem, my x attitude is insane...Again thanks for your comments |
#8
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Child Support Past 18
The possibility of NY coming into play again is crazy, its insane. And
to make things worse she admits the cs $ does helps pay her morgage, 4 cars, camper and what ever else comes up. And here I am driving a 10 year old car, live in a modest home living check to check. My x and her current spouse settle for temp jobs,Why? So, they can have time off between jobs. Thanks for your comments, the whole situation makes me bitter. I work hard for a decent life, strive to make things better for myself and my family, and the x's only sees $$$. |
#9
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Child Support Past 18
Thanks for your cooments. I'm of the same opinion, it is to everyone's
benifit to keep the court system out. But the x's is not much of a forward thinker. In her eye$ money NOW... |
#10
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Child Support Past 18
wrote in Thanks for your comments, the whole situation makes me bitter. I work hard for a decent life, strive to make things better for myself and my family, and the x's only sees $$$. Why not just accept it and pay the money? Isn't it wonderful that in the United States of America, a small group of people can totally control & rule your life! :-) |
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