In a divorce decree from when the kids were little it states that..." the plaintiff shall pay $( so much money) per week as and for the the support of the two unemancipated children for so long as the plaintiff is custodial parent. Payments shall be made directly from the defendant to the plainttiff. " My question is simply this... once the children reach 18 years old ,can the child support stop? Even if they still live with the custodial parent ? They are both working and in community college. There is nothing else in the divorce decree specifying support continue during college. What do you think?
2006-06-09 00:35:54 · 14 answers · asked by bearklektor 5 in Politics & Government ➔ Law & Ethics
NJ if that helps anyone with your answer
2006-06-09 00:52:26 · update #1
thy lawyer you are correct it should have read "the defendant shall pay...." mea culpa.
2006-06-09 02:39:50 · update #2
It depends on state laws. It varies.
2006-06-11 15:06:14 · answer #1 · answered by Anonymous · 4⤊ 1⤋
Probably depends on your state. Most states that I am aware of indicate that Ch Supp ends at 18, even if they still live with you. If there are any arrearages, then that is still owed, even if the children are over 18. Since the decree specifies "unemancipated," then perhaps that is a loop hole to continue receiving CH Supp as you remain "the custodial parent." I'm not a lawyer nor do I know which state you're in, so that's about as much help as i can be.
2006-06-09 00:43:56 · answer #2 · answered by TN Seeker 5 · 0⤊ 0⤋
upon information and belief...Depends on the state defination of "unemancipated", or when the child reaches the age of majority or 18. Depending on state laws, usually child support will not stop until a modification order is sought. Once the order is obtained, the date effective would be the date modification request is filed. Filing for a modification stops the clock for payments. There cannot be retroactive application or credit towards past cs, unless stipulated. The only concern should be the needs of the children.
2006-06-09 12:23:51 · answer #3 · answered by www.paperdragon1.com 1 · 0⤊ 0⤋
I'm an attorney in a child support division in Indiana. I don't know if this will help as you live in another state. In Indiana the support "usually" stops at the age of 18. Now, there are other things that can terminate the support obligation.
However, in your case, under Indiana law, the children or custodial parent could file for a support modification. It could be modified so that the paying parent would have to help support the child through college. Here it can be until they reach the age of 21 if in college.
Hope this helps. You may want to check online for your state. I know Indiana has alot of information regarding support online, and its in "english."
2006-06-09 03:42:03 · answer #4 · answered by Whitey 3 · 0⤊ 0⤋
I believe you made an error in stating the problem, since it sounds like it is the defendant who "shall pay" child support, not the plaintiff.
Unless there is a provision for continuing child support if the child is 18 and a full-time student and not emancipated, you need to get back into court for a modification if that is going to be the situation and you want child support to continue, and if you want help with college expenses.
2006-06-09 02:06:57 · answer #5 · answered by thylawyer 7 · 0⤊ 0⤋
It is difficult to comment without reviewing the full order. There may be other applicable provisions that you are missing, so I strongly suggest that you see a family law attorney in your state.
The laws of your state MIGHT provide that children are automatically "emancipated" when they reach 18, but you did not specify where you are from. If you can't work something out with your ex spouse, then you should go back to court and seek a modification/clarification of the support order.
2006-06-09 02:44:35 · answer #6 · answered by Carl 7 · 0⤊ 0⤋
I'm no lawyer but i believe most states allow for support to continue as long as the child remains in school..that is the case in my state....good luck guess you need a lawyer to be sure in your particular state...i would suggest you call a lawyer phone consultations are usually free and they will inform you and if not they will refer you to where you can get this information in you particular state.
2006-06-09 00:43:13 · answer #7 · answered by djmantx 7 · 0⤊ 0⤋
I am not a lawyer but I believe you are only obligated till 18 and finished high school unless specified to include college
2006-06-09 00:38:49 · answer #8 · answered by Molly 6 · 0⤊ 0⤋
in most parts of the world you can continue to receive support for all children as long as they remain in full time education, if they do some kind of work in their spare time this would be concidered when making an award.
hope this is of help but do check your local legal laws,
2006-06-09 00:41:01 · answer #9 · answered by Anonymous · 0⤊ 0⤋
Come 18 the gravy train stops dead. Time for those slacker kids to go get a job.
2006-06-09 00:39:06 · answer #10 · answered by Moloth 1 · 0⤊ 0⤋
He does not owe you toddler help; he owes your mom toddler help for suggestions in raising you. in case you mom had the will and economic wherewithal to pursue him for back toddler help, she would desire to. additionally, the federal government (the FBI is the enterprise who enforces it) will arrest deadbeat dads as quickly as the right channels are observed. A lawsuit, an order by using the court docket requiring fee immediately, contempt of that order, and ultimately the issuance of a warrant for his arrest for the back toddler help. Over a undeniable quantity of money, the FBI can pursue the arrest warrant. solid success -
2016-09-28 05:17:25 · answer #11 · answered by ? 4 · 0⤊ 0⤋