Child support
- Thread Starter Carrms
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What does your child support order state?
We have joint custody with one week on and one week off. I pay support to my ex for my son until he is 21 or emancipated. He is currently 18. Bottom line is I can't afford child support and my sons room and board to live on campus.
There is no mention in the settlement about child support for when my son is in college.
There is no mention in the settlement about child support for when my son is in college.
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army judge
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Carrms said:
That is a goofy and confusing order.
Your child became emancipated at age 18.
I don't know why your order says 21.
I'd petition the court to terminate child support, by virtue of his emancipation.
Even if you were ordered to continue child support, I see no mention of paying child support and college expenses.
If the court orders you to continue payments, they'd stay the same.
Get a good lawyer and fight this poorly written order.
The is not correct.
The age of majority for child support obligation in New York is 21, not 18. It's also not unusual for the court to order a share of college expenses AND child support.
OP, does your order address college expenses?
My settlement agreement says parents agree to share in the expenses of college tuition based on our financial circumstances at the time of college. As my ex doesn't believe she should have to support herself, her income is much lower then mine. Hence she is pushing for me to pay 75% of college expenses. I already give her 36% of my take home salary. I can't afford to buy a house, I am not saving for retirement (age54) and I live paycheck to paycheck (not complaining, simply stating reality). I do not have another $5,000 to shell out for my son to live on campus as I am already committing $2,000 for next year's college.
If he emancipates himself I would have the money, but my ex is laying a guilt trip on him and that puts me in an awkward position.
If he emancipates himself I would have the money, but my ex is laying a guilt trip on him and that puts me in an awkward position.
Well, if your order doesn't state how much you will contribute, then you're under no obligation to contribute 75%!
You can, as AJ said, get a lawyer to clarify and ask for termination or reduction of support. However, your ex may argue that, although he lives on campus most of the year, he returns to his home during school breaks and the child support reimburses her for the expenses of maintaining that home.
Or, you can expect your son to take out student loans for the balance of his expenses, and work during his breaks from school.
I'm not sure what you mean by emancipating himself.
You can, as AJ said, get a lawyer to clarify and ask for termination or reduction of support. However, your ex may argue that, although he lives on campus most of the year, he returns to his home during school breaks and the child support reimburses her for the expenses of maintaining that home.
Or, you can expect your son to take out student loans for the balance of his expenses, and work during his breaks from school.
I'm not sure what you mean by emancipating himself.
In New York Child support is until 21 unless the child is LEGALLY emancipated...ie ...marriage, military or living on their own. College students are not considered emancipated.
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