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Do anyone know anything about this.

My fiance daughter will be 18 in may. She is in college and she lives on campus. He know that he still have to pay support while she is college. But he wants to know if he can have the money go directly to her instead of her mother. Because her mother does'nt really give her money. When she need things she tell her call your father. Because I don't have it, she driving around in a brand new car. That's probably what the child support is being used on. Don't get me wrong I am all for a man supporting his child. Because I had a son when we meet and have been trying to get support from his father.
 
Posts: 107 | Location: new jersey | Registered: 12 November 2005Reply With QuoteEdit or Delete MessageReport This Post
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ahh, usually child support goes to the parent of the child being supported, not directly to the child. I am not sure if you can get that modified to go to the child. You may want to get a consultation with a attorney to see if it is possible as he is paying the other expenses also.
 
Posts: 2672 | Location: Reno, NV | Registered: 16 October 2005Reply With QuoteEdit or Delete MessageReport This Post
CA
"SEEKING: 25th hour & 8th day"
At A loss for Words - NOT!
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I would definately check with an attorney. If the final judgement in the divorce states that he pay child support through college, I am uncertain about sending it to the daughter. If this is support to pay for arrears then it definately goes to mom because she had to fork out the money originally.
If there are no arrears and he is "finished" with traditional child support when she turns 18, then I suggest he directly pay some of her tuition or other expenses and set up a small deposit into an allowance account.
At 18 she may be smart but, no one at 18 is very responsible with money.
Those are my suggestions but, I would definately refer back to the child support arrangements and seek the advice of an attorney.
 
Posts: 1598 | Location: Florida | Registered: 14 February 2004Reply With QuoteEdit or Delete MessageReport This Post
Parent on Board
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Thanks for the advice, he does not owe any arrears he has always paid his support on time. I agree with you CA, about setting up an allowance account. We will seek advice from an attorney to see what his options are.
 
Posts: 107 | Location: new jersey | Registered: 12 November 2005Reply With QuoteEdit or Delete MessageReport This Post
CA
"SEEKING: 25th hour & 8th day"
At A loss for Words - NOT!
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JM,

Many NCP's stop paying anything once the child turns 18 or is out of high school, unless it is stipulated in the child support agreement that it be paid through college. That agreement, from my understanding, is very rare. If his legal child support agreement ends at 18 then there would be nothing stopping him from paying tuition, books, and/or living expenses directly and direct depositing an allowance for her in her bank account.
 
Posts: 1598 | Location: Florida | Registered: 14 February 2004Reply With QuoteEdit or Delete MessageReport This Post
"Least Fun Guy You Know"
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You know, my separation agreement said that the support ended at 18yo.

When we went back to court last December, the woman who worked with us before we appeared before the judge told us that it was more typical for the support to end when the kid finished college. I forget the wording on the order, but it definitely extends past 18yo now. I'm not sure what happens if the kid doesn't go to college...
 
Posts: 1422 | Location: Lexington, MA | Registered: 10 November 2004Reply With QuoteEdit or Delete MessageReport This Post
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These days it's worder like this "Until the child is 18 or graduates highschool"

Which means - So you have to set it up if your going to pay support until the child is 18 or graduates from high school. So if you have it set up to pay until done with highschool - a child could turn 18 in February before they are to graduate, BUT the NCP still has to pay until June.

It's more typical these days to have it go until the child graduates. I've never heard of it a NCP having to pay support to the CP when the child is in college, unless there is back support to be paid.

Wouldn't make sense if the CP wasn't helping out with the child's college schooling - and they get support for when the child is not at home? That doesn't make sense.
 
Posts: 52 | Location: Atascadero, CA | Registered: 13 November 2005Reply With QuoteEdit or Delete MessageReport This Post
CA
"SEEKING: 25th hour & 8th day"
At A loss for Words - NOT!
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The child support agreement for Evie states just that because, she will be 18 in September after she starts senior year. I was told she and I were on our own for college. If he chooses (I very much doubt my ex will) he can help with college but it is the NCP's choice then.
 
Posts: 1598 | Location: Florida | Registered: 14 February 2004Reply With QuoteEdit or Delete MessageReport This Post
"Needs to Get Life"
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Check with an attorney, I'm sure it is one of those gray areas, the mom may say it is book expenses or goes to college funds. If those things are taken care of you'd think she'd have to show where it goes somehow, at least what her financial situation is anyway.

My ex insisted he only pay if they were attending college and not if they were still at home. I guess he thought the girls and I would scheme a grand plan to live off his measly c/s and hang out together instead of them heading to college. There is a piece in there that says we split college 50/50. (The thought of him saving money for that is beyond me)
 
Posts: 2553 | Location: Maine | Registered: 10 July 2005Reply With QuoteEdit or Delete MessageReport This Post
Don
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So is there a court order now that recquires that support to be paid for college? If so, it may already be stated where the payment is to go to, school, custodial parent, child.
Here's something I found a while back
http://www.ncsl.org/programs/cyf/educate.htm
 
Posts: 4721 | Location: California | Registered: 15 January 2004Reply With QuoteEdit or Delete MessageReport This Post
"Least Fun Guy You Know"
At A loss for Words - NOT!
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Wow...great link Don.

I checked what it said for Mass (Termination of support at 18, or to 21 if child is domiciled with parent, or age 23 if enrolled in an education program) against the forms I had in my files, and your site was accurate.

When we got divorced it was set at 18. When I went back for the modification, they changed it to 23/student. The women indicated that was standard, but it may only be the standard for our situation. You link shows that it's not common state-wise, however. Heh...and it doesn't include Canada...
 
Posts: 1422 | Location: Lexington, MA | Registered: 10 November 2004Reply With QuoteEdit or Delete MessageReport This Post
CA
"SEEKING: 25th hour & 8th day"
At A loss for Words - NOT!
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Thanks for the site Don. Excellent info.

JM, It shows that your state is the age of majority but, that was amended for college students. Like Don said, it needs to be determined if the support can be paid to the college, the child or does it have to go to her mother.
 
Posts: 1598 | Location: Florida | Registered: 14 February 2004Reply With QuoteEdit or Delete MessageReport This Post
"Least Fun Guy You Know"
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Doh...I totally mistook the poster for someone else in Canada...
 
Posts: 1422 | Location: Lexington, MA | Registered: 10 November 2004Reply With QuoteEdit or Delete MessageReport This Post
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Wow. Hard to believe New Jersey requires support beyond 18 (or 19 if not graduated from high school but still attending full- time). That's California law. Why would support continue after the child becomes an adult? That's odd and it's not fair, in my opinion. The only time support generally continues into adulthood is for special needs children (i.e., mentally or physically incapacitated). Always look to the language of the Judgment (kudos to CA). It's the same for contracts. Look to the language of the judgment as to who owes what to whom and for how long. Wink Then, you need to examine whether it is enforceable. Courts make mistakes. doh!
 
Posts: 94 | Location: Southern California | Registered: 28 March 2006Reply With QuoteEdit or Delete MessageReport This Post
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Hey Ronn, you might find this interesting. In my province of Ontario, I am obligated until Jayd turns 18 or longer, if she continues to reside at her mom's while attending post secondary education. If my child matures early and decides to reside on her own before she turns 18, I am still obligated but the funds go directly to my daughter. As explained to me by my lawyer.
 
Posts: 1796 | Location: a little village in a big world, Canada | Registered: 18 September 2004Reply With QuoteEdit or Delete MessageReport This Post
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