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paying support to the child...Part 2

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frylover

Senior Member
What is the name of your state? LA

This is not actually a legal question, but I thought with all your combined experience dealing with ex spouses, you might have some advice. From what we understand (no legal counsel, just our own research) child support in LA terminates at age 18, or if a full time student, age 19 (child is attending college). Hubby's ex told him she no longer cares if he pays it now that the child is 18 and out of Catholic School, and if he did to just pay it to the child. (college expenses not an issue). He is going to pay it because that is the law. I was advised here that under NO circumstances should he pay the child directly. Does anyone have any advice on how to "delicately" tell the ex why he is continuing to make the checks out to her (I don't think "Because you are a bitter and mean spirited female dog who I don't trust not to drag my tail into court or try to have me arrested for non support" would be productive!:rolleyes: ) We really don't want to make her mad because under the child support guidelines set since their divorce he'd be paying a LOT more and now that the child is 18 and no judge is going to make her see him is she doesn't want to, I'm afraid the ex may haul him into court to suck more money out of him for the next 10 months.
 
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hexeliebe

Guest
Tell her simply that you respect the law and that the child's rights under the law stipulate that support is to be paid to the mother for support. Also explain to her that if she doesn't want the support, you will still continue sending her the checks because 1. that's the law, and; 2. she can accompany him to court to ammend the support order IF the judge concurrs.

And then go ahead and keep sending the checks. The ball will be in her court.
 

VeronicaGia

Senior Member
I agree with the other posters, but I believe you should read your court order and make sure there is nothing in there that states when support will end. It may be in there somewhere. If not, absolutely keep sending the money.
 

frylover

Senior Member
I just read the final decree, and it doesn't say when support ends--it just named the amount and the date it was due. Does this mean that when she turns 19 he can just stop sending it, or will he need to go to court, or sign something?

Oops, that was a whole different question, wasn't it!
 
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theother

Guest
Your post says the child is in college. Do you really have to continue to pay support until the age of nineteen when the child is in college? Isn't it normally eighteen or nineteen if the child is still attending highschool. I think that the LA statute says the child has to be full-time in secondary education which I believe is high school.
 

CMSC

Senior Member
theother said:
I think that the LA statute says the child has to be full-time in secondary education which I believe is high school.
Secondary education is education beyond high school.

Also to the poster, if the court order does not state an age to terminate, once the child reaches the age of majority the NCP needs to go back into court. The court will address whether support should be paid throughout college etc.

LA statute is as follows

D6. Does your State allow support to be paid beyond the age of majority under any circumstances (e.g. the child is handicapped or in college)?

Yes- 18 year old who is a full-time student in good standing at a secondary school and is dependent on either parent; - a developmentally disabled child up to age 22; - a child placed under continuing tutorship by the court.
 
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theother

Guest
ryry's mom said:
Secondary education is education beyond high school.


I thought education beyond high school was called post-secondary education. So, I looked it up.

"secondary education

n : education beyond the elementary grades provided by a high school or college preparatory school"
 

CMSC

Senior Member
Well damn, I am entitled to a brain fart now and then, aren't I?LOL Can't we just use the terms high school and college, sheesh!:)
 
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theother

Guest
LOL I was confused too. I actually called a friend to ask and of course they didn't know either. Frustrated, I finally opened a dictionary (well, dictionary on the web anyway). I guess dictionaries are like instruction books. When all else fails... :D
I think we should just say high school and college too. I hope frylover reads this so they can start the process to stop CS so they don't have to pay extra especially since the mom doesn't care. They can give that money to their kid then for college.
 

frylover

Senior Member
Wow! What a lot of responses. Thank you all!

This is the site that I got my info on when support terminates--but I don't know how reliable it is.

http://www.ncsl.org/programs/cyf/educate.htm

If I understand what you are telling me (sorry, I am a teacher and my brain turns to mush when I am out for the summer!) regardless of when his suuport obligation ends in the eyes of the law, he needs to go to court to formally end it--he can't just stop paying it, is that right?

He won't try to end it early, no matter what his ex said, because he is very slowly managing to rebuild somewhat of a relationship with his daughter and the ex would use that as one more thing to keep the child hating him. But, how far in advance of age 19 should he start the ball rolling on this? From what I've read here, stuff like this takes a long time!

One more question (sorry, but you guys all just seem to know so much!) If he does have to go to court to end support, what do you think the chances would be of a judge telling him "sorry, keep paying till she's out of college?' I know you can't say for sure, this is just asking for opinions. I don't know if this would make a difference, but her tuition is paid in full by the state's TOPS program, and she lives at home (her own choice) so her school expenses are mainly books and supplies (yes, I know that can be a lot!)

theother, it sure would be nice to start saving for our girls' college education!

Thanks again.:)
 
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theother

Guest
Frylover,
I'm not sure if you understood my last post or maybe I just don't understand yours. I was trying to tell you what my interpretation of the statute means in your situation. So this is how I'm reading it:

The daughter is 18. Correct?
The daughter has graduated high school. Correct?
The law in your state says that CS ends at 18 or 19 if the child is a full-time student in secondary education (high school). Correct?

If you can answer yes to these three questions, then you are no longer required to pay CS. You are not "ending it early". You have actually been paying too long. However, I don't believe that you can just stop paying. I think that you have to file through the courts to end CS. I would contact a lawyer, the family court facilitator, or the support enforcement office to find out for sure. Run, now. Do it now.

Good luck to you. Let us know how it goes. :)


Edited to add: I think that Ryry's post addresses whether you would be required to pay for college.

"LA statute is as follows

D6. Does your State allow support to be paid beyond the age of majority under any circumstances (e.g. the child is handicapped or in college)?

Yes- 18 year old who is a full-time student in good standing at a secondary school and is dependent on either parent; - a developmentally disabled child up to age 22; - a child placed under continuing tutorship by the court."

Based on this, my feeling is that you would not be legally responsible for college CS. However, I do urge you to call the proper authorities to double check any and all of the information that we have given you. We are not lawyers and these are just our interpretations of what we have read.
 
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frylover

Senior Member
Sigh!

I swear I am not always this dense! I misread your post that defined "post secondary education" So, yes, I can answer yes to all three of your questions. I agree with ryry's mom--what's wrong with saying "high school and college"!

He already told ex he'd pay it till daughter was 19 because I interpreted secondary to mean college (it's all my fault!:( ) and being the kind of man he is he will probably honor that. But one thing I can see clearly is that he needs a lawyer to do anything (that was his big mistake with his divorce--no legal representation) and the sooner he gets started, the better.

Thank you all again for your help:D
 
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