Can child support continue straight to the child themself, After graduating high school to be used for college

Question

My son is moving on campus and is 18 yrs old. He is going straignt to college and wants to use child support for dorm costs.
I feel that if a child goes straight from high school into college, that support payments should not stop until after grauduation of college. The only difference should be that payment is made directly to that child instead of the parent.
As the custodial parent, is there a leg to stand on if I must take this to court.?

My son is a very good student, and has some scholarship money to help with tutuion, he will work, but expenses will be too great for just a part-time job. I will also be helping as much as possible as the past custodial parent, but I need to know if child support payments can be made thoughout college for our son's education?
Thanks,

Answer 1

We recently faced this same issue so I did some research. It appears to vary from state to state. In our state - child support obligations end at 18 - unless it is specified in the divorce agreement that they continue as long as the child is in college full time and making acceptable grades. Basically there are two options legally. You can go back to the court and petition for a revision of the original order. It can be a lengthy process and will cost you some time and money. Do you have a child still living at home that is under 18? - if so - this changes things as far as your options go. In some states - the non-custodial parent has to notify the court that they will be reducing their payment. The court will adjust the amount accordingly. If your ex- spouse's income has increased substantially , the payment for the remaining child might be increased. If you ex is fighting continued support, my other advice would be to check on getting a parent loan. Log on line to www.salliemae.com and look at the various loan options. There are low interest loans for parents ( PLUS loans) and for students. These can be used to pay for any expenses ( tuition, books, dorm, etc.) They are very low interest loans and payment schedules can be set up that are very reasonable. They will work with you to set up the payments to fit your income etc.Also - don't overlook your son's financial aide office for help.
Good luck to you both. It will be worth it in the end!

Answer 2

By law, child support stops at 18. If the parent paying the support wants to continue, then s/he can, but it's not legally mandated. It really doesn't matter if you have a valedictorian, or a drop out. Support stops when it was ordered to stop.

If there are underlying reasons for the parent to continue paying, then they will be ordered to continue paying. Usually that happens when the child has medical problems that need attention & money.

Your son is allowed to take out a student loan, you know. If he's responsible about it, and only takes out the very minimum he needs, and works on his breaks and pays before he's done with school, then he can leave school with very little debt, and have a good amount paid off before it starts to incure interest.

And no, you have no legal leg to stand on to take your ex to court asking for college support money. You'd do a lot better going directly to your ex and pleading your case, and asking for contribution towards your son's college costs. Usually, this sort of thing is agreed on in the original custody agreement- something like each parent contributes an equal amount towards schooling.

Answer 3

Legally, child support stops at the age of 18 or when they graduation from high school(which ever is the later). After that, they are legally an adult not entitled to any more child support. If you are wanting help with college from you ex, you two will have to work out a plan between yourselves. Sorry for the bad news.

Answer 4

You have no legal leg to stand on. Only if the payer wants.
You cannot legally require noncustodial parents to help with college.
It is their choice. Child support ends when they turn 18. That is when they are legally responsible for their own support. You can ask the noncustodial parent to do this but you can't make them. Perhaps the noncustodial parent would be more willing to pay the university directly for dorm, tuition, etc. you can try that. have the child approach the noncustodial parent instead of you. the law considers him grown.

Answer 5

I hate to tell you but your state law (any state law) is going to tell you that as soon as he turns 18 or graduates from high school, his support (the child support) is going to stop. It isn't going to matter what you think or what kind of kid your son is. The law is clear. End at 18 or high school graduation.

If you are collecting child support and he has graduated YOU are breaking the law unless your ex is behind in any way.

Answer 6

At least in North Carolina, the law says that a college education is a privilege and not a right. Why don't you maybe encourage your son have a better relationship with his father, get out of the way, and maybe the dad will help?

Answer 7

I know that in CA, support can still be required if the child is living at home and going to college up to the age of 22

Answer 8

What you "feel" does not matter. It is what is stated in the law of your state. ANd "if" you get continued support, the money will go to you not your son. It would be up to you to forward the money to him. Talk to the ex and see if they're willing to contribute to the cost.

Answer 9

I dont know about an actual law, but if you had to go to court over this, I dont see why you would not win, if for no other reason than your son being able to go to college.

Answer 10

a child is entitle to child support to age of 18, after that its negotiable.