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.

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.
==

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

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.

"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.

"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.
==

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

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 $$$.

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...

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! :-)