My husband has joint custody of his 3 sons with his ex wife. The two younger ones mainly stay at our house so we probably have them 70% of the time. The oldest who is 20 moved in with us full time 2 years ago. He is in college and lives on campus during his semesters. For summer and any holidays and about one weekend a month he comes home and stays with us. He has not stayed in his mothers house anytime over the last 2 years and when he is home may only see her once week if even that.
According to my husbands divorce agreement, he pays child support until the children are 22 while the children are living with both parents an equal amount of time. Also it states when the children go to live at college the child support should be reduced. It also states that the expenses should be equally paid, i.e. birthday gifts, college, school supplies, sports etc. We pay for everything and his ex pays for nothing.
So my husband has continued to pay the same child support as he always has even though we have the 20 years old living with us full time. So we are thinking of stopping the child support for the 20 year old as we pay for his college tuition, his college room and board and all his college supplies, not to mention his car insurance and cell phone. My husbands ex wife has not contributed to anything regarding college even though it states she should in the divorce decree.
So my question is, do we have to file to change the child support agreement or should we just tell the ex we are not paying anymore and let her bring us to court? We can't afford to hire a lawyer with all the expenses we have with college. If she brings us to court the 20 year old said he would come and tell the court he lives with us full time and we pay for everything. Also, she owes my husband over $20,000 which we would bring up and also would we be entitled then to ask her for child support if she brings us to court?
Any advice would be welcomed!
According to my husbands divorce agreement, he pays child support until the children are 22 while the children are living with both parents an equal amount of time. Also it states when the children go to live at college the child support should be reduced. It also states that the expenses should be equally paid, i.e. birthday gifts, college, school supplies, sports etc. We pay for everything and his ex pays for nothing.
So my husband has continued to pay the same child support as he always has even though we have the 20 years old living with us full time. So we are thinking of stopping the child support for the 20 year old as we pay for his college tuition, his college room and board and all his college supplies, not to mention his car insurance and cell phone. My husbands ex wife has not contributed to anything regarding college even though it states she should in the divorce decree.
So my question is, do we have to file to change the child support agreement or should we just tell the ex we are not paying anymore and let her bring us to court? We can't afford to hire a lawyer with all the expenses we have with college. If she brings us to court the 20 year old said he would come and tell the court he lives with us full time and we pay for everything. Also, she owes my husband over $20,000 which we would bring up and also would we be entitled then to ask her for child support if she brings us to court?
Any advice would be welcomed!
