We live in New York. My husband's child supprt agreement states we support him through 4 years of college as long as he is a full time student (until age 22.5). Unfortunately, my stepson blew his opportunity and is headed for six months at prision. Does incarceration qualify as immediate emancipation since he is 21 already. My husband's ex wife is trying to force us to pay his 2007 tuition knowing he can't complete the semester just to keep that child support coming.
2006-12-13 06:38:59 · 14 answers · asked by Stepmomof2 2 in Family & Relationships ➔ Marriage & Divorce
Additional details: My husband just called his divorce attorney to check out what steps we need to take to suspend child support for a 21 year old either for the time he is in jail (support was for full time student until 22 or forever. We do not have an answer yet.
2006-12-15 07:08:12 · update #1
Yep-he is done. Call the child support agency and advise them of the situation and ask that the order be ceased.
2006-12-13 06:53:11 · answer #1 · answered by Cherie 6 · 0⤊ 0⤋
Yes. The stipulation is that the son has to be a full-time student. If he goes to prison, he breaches the contract because he can't hold up his end of the deal. If it's set up through child support, contact them and let them know the situation. If not, you will probably need an attorney or you can do some research and try to represent yourself.
2006-12-13 07:02:34 · answer #2 · answered by Christian93 5 · 0⤊ 0⤋
While I am not sure exactly what NY law is--your husband needs to petition the court the stop the CS---CS paid after 18 is usually only warranted if the child is in school and your hubby's son is not going to be doing that. If the decree required him to pay tuition, you need to address that as well since he won't be completing the semester (assuming he gets to start it). He's not going to be a full time student per the decree according to your question.....so CS should stop...but you will need to file something to 'officially' stop it so he doesn't get held in contempt.
Don't pay anything for tuition in the meantime. If the decree require your hubby to pay tuition and the court orders it at the next hearing, he can always reimburse the ex. But I wouldn't blindly throw money out the window and the Judge probably won't appreciate her doing it either.
No judge is going force your hubby pay CS for grown child who not only is not school, but who is in jail. Good luck!
2006-12-13 06:58:32 · answer #3 · answered by kathylouisehall 4 · 1⤊ 0⤋
Check the new york state laws regarding emancipation and incarcertation. There is a chance that you could end up paying the child support to the prison.
2006-12-13 10:40:29 · answer #4 · answered by John F 3 · 1⤊ 0⤋
He will be institutionalized and his needs are provided for by the prison. He should not be entitled to support during this period of incarceration. Contact an attorney and have the child support agreement modified to reflect his status change.
2006-12-13 07:15:26 · answer #5 · answered by RightLeft 3 · 0⤊ 0⤋
If he has already signed up for Sirng semester classes you will need to have him withdrawn. There is a dealine, usually shortly after classes begin (but check with his school to be sure), for getting full reimbusement or dismissal from all charges to his account. If he can't attend it would be rather foolish to pay for his classes. Present this to the judge, if needed. It's likely you'll only be absolved from payment until he is able to return to classes or turns 22.5 (whichever happens first).
2006-12-13 06:50:30 · answer #6 · answered by Scottie 2 · 0⤊ 0⤋
Yes, he is done and has lost his chance. The law states that he must be enrolled as a full time student until graduation. Sorry Gap in college for prison career is not exceptable and therefore child support is completely done and can not begin upon his release!!!!!!!!!!!!!!!!!!!!
2006-12-13 06:57:27 · answer #7 · answered by Anonymous · 0⤊ 0⤋
As long as he is a full time student.... if he is in prison, he is NOT a full time student. You can petition the court to stop the child support. Get it done before he get out of prison.
2006-12-13 06:57:17 · answer #8 · answered by mayihelpyou 5 · 0⤊ 0⤋
normally except you have a disabled newborn of a few form or one that is fullyyt based. some courts have the suited to impose help responsibilities with the aid of college if the youngster enters college with the help of the time they turn 18 or in the event that they are nevertheless in extreme college while 18 then the help money proceed till ultimately they graduate. Admittedly although a healthful self-helping newborn at 21 in all probability skill the tip of the line for help money. besides, i think of at 18 the examine could desire to pass to the youngster and not the custodial discern because of the fact, at that time, the youngster is not a custodial ward.
2016-10-14 21:14:23 · answer #9 · answered by ? 4 · 0⤊ 0⤋
Well the rule is if he's not in school the child support ends. Check your court order and it should state that. That's why she wants you to pay because she knows no school no support. Good luck.
2006-12-13 06:56:48 · answer #10 · answered by kitcat 6 · 0⤊ 0⤋