Child support when son turns 18 and moves in with me

[jlambeth1]

What is the name of your state (only U.S. law)? California

My ex-wife and I have joint custody of our three boys but she has them the majority of the time while I have them every other weekend and two weeks in the summer and a week at Christmas. I pay child support to her for them but I have a son who will be 18 in May and he wants to move in with me at that point. Accodring to the divorce papers, it says that she gets child support for him after he turns 18 and stays in the family home and goes to college, etc. When he moves in with me, do I get to stop paying his child support to her? Also, if that is the case, would she have to pay me his child support if he decides to live with me and call my home his primary family home?

 

[CSO286]

What is the name of your state (only U.S. law)? California

My ex-wife and I have joint custody of our three boys but she has them the majority of the time while I have them every other weekend and two weeks in the summer and a week at Christmas. I pay child support to her for them but I have a son who will be 18 in May and he wants to move in with me at that point.

Will he still be in high school?

Accodring to the divorce papers, it says that she gets child support for him after he turns 18 and stays in the family home and goes to college, etc. When he moves in with me, do I get to stop paying his child support to her?

What does your order state about stopping support? Is CSED enforcing your order? Is your order per child? CourtClerk, correct me if I'm wrong, but it's my adivce that you would need to file a motion to modify child support based on the fact that either (1) one child has emancipated; or (2) one child is living with you.

Also, if that is the case, would she have to pay me his child support if he decides to live with me and call my home his primary family home?

It would be my supposition that the support obligation you pay would be offset by the amount she would have been expected to pay you. That being said, if this all went back for modification, then it's possible that the language stating

...child support for him after he turns 18 and stays in the family home and goes to college...

could be removed and/or changed in some way.

In either event, the changes in circumstances as you've presented them do warrent some kind of modification action.

 

[jlambeth1]

He will be moving in with me after he completes high school. I assume CSED is not enforcing the order as it was just a regular divorce and I have never been late paying my child support. Yes, the order is per child. I don't have the divorce decree in front of me but it says something along the lines that I have to continue to pay child support after he is 18 if he is in college and still living in the primary family home. My thought is when he is an adult and chooses my home as his primary family home while attending college, I should be able to stop paying her. I don't even want anything from her but want to know my options if she goes back to court to try to raise my child support payments for my two younger kids.

 

[CSO286]

He will be moving in with me after he completes high school. I don't have the divorce decree in front of me but it says something along the lines that I have to continue to pay child support after he is 18 if he is in college and still living in the primary family home. My thought is when he is an adult and chooses my home as his primary family home while attending college, I should be able to stop paying her. I don't even want anything from her but want to know my options if she goes back to court to try to raise my child support payments for my two younger kids.

You can't change the amount you pay--especially with other kids in the home--without a court order.

Example: NCP pays 1200 per month for three kids....Oldest child emancipates. The ncp cannot simply opt to pay 800 on the basis of the child's emancipation. Guidelines don't work like that.

Honestly, depending on many factors...income, age of order, changes in household compositions, what guidelines were used to calc that order, etc; the amount could possibly go UP at review.

Either of you can request a modification of the support order on the basis of this child's emancipation.

 

[jlambeth1]

You can't change the amount you pay--especially with other kids in the home--without a court order.

Example: NCP pays 1200 per month for three kids....Oldest child emancipates. The ncp cannot simply opt to pay 800 on the basis of the child's emancipation. Guidelines don't work like that.

Honestly, depending on many factors...income, age of order, changes in household compositions, what guidelines were used to calc that order, etc; the amount could possibly go UP at review.

Either of you can request a modification of the support order on the basis of this child's emancipation.

I understand what you are saying but don't really see how I would still have to pay for him once he is an adult and moves in with me. The decree states that I pay $200 a month for him, $275 for the other kid, and $350 for the youngest one. It is not a blanket amount that covers all the kids.

 

[CSO286]

I understand what you are saying but don't really see how I would still have to pay for him once he is an adult and moves in with me. The decree states that I pay $200 a month for him, $275 for the other kid, and $350 for the youngest one. It is not a blanket amount that covers all the kids.

I asked that in my first post.....You edited your rply after I responded. the answer to your questions depend on the responses you give to our queries.

What does your order state about stopping support? Is CSED enforcing your order? Is your order per child? CourtClerk, correct me if I'm wrong, but it's my adivce that you would need to file a motion to modify child support based on the fact that either (1) one child has emancipated; or (2) one child is living with you.

Then I would say that you could stop paying the amount for the first child without repurcussion.

When I asked about CSED, it means: Are you sending your payments directly to Mom or are you sending them to the CA child support payment center or other clearinghouse?

 

[jlambeth1]

I asked that in my first post.....You edited your rply after I responded. the answer to your questions depend on the responses you give to our queries.



Then I would say that you could stop paying the amount for the first child without repurcussion.

When I asked about CSED, it means: Are you sending your payments directly to Mom or are you sending them to the CA child support payment center or other clearinghouse?

Ok, I understand. Sorry, I forgot to mention that I edited my post. I'm new to this whole divorce and child support thing. Yes, the payments go directly to the mother and not to a CSED. I'm just trying to get my ducks in a row for when it inevitably hits the fan when she finds out that my oldest is moving out and going to college while living with me.

 

[mistoffolees]

I understand what you are saying but don't really see how I would still have to pay for him once he is an adult and moves in with me. The decree states that I pay $200 a month for him, $275 for the other kid, and $350 for the youngest one. It is not a blanket amount that covers all the kids.

Since you have failed to provide the exact wording of the order, no one knows for sure.

Bottom line is that the order rules. If it says you pay $200 per month for the older child, then you pay $200 per month. If the order says you pay $200 per month until the child turns 18, then you pay $200 per month until the child turns 18. If it says you pay $200 per month as long as the child is living with Mom, then you pay $200 per month as long as the child is living with Mom.

In many cases, you have to actually go to the trouble to terminate support when a child turns 18 or graduates high school or changes residency. If you tell us what your order says, someone may be able to help.

 

[stealth2]

I don't have the divorce decree in front of me but it says something along the lines <snip>

You need to find the order and post the exact language (minus names). Thank you.

 

[jlambeth1]

Since you have failed to provide the exact wording of the order, no one knows for sure.

Bottom line is that the order rules. If it says you pay $200 per month for the older child, then you pay $200 per month. If the order says you pay $200 per month until the child turns 18, then you pay $200 per month until the child turns 18. If it says you pay $200 per month as long as the child is living with Mom, then you pay $200 per month as long as the child is living with Mom.

In many cases, you have to actually go to the trouble to terminate support when a child turns 18 or graduates high school or changes residency. If you tell us what your order says, someone may be able to help.

Thanks, I will get the exact wording later today and put it here so that I can get the most accurate advice.

 

[jlambeth1]

Ok, here is the exact wording of the divorce decree that pertains to the child support.

Husband shall pay to wife the sum of $825 per month as child support beginning May 1, 2009 as follows:

1.as to ------, husband shall pay the sum of $200.00 per month as child support;
2. as to -----, DOB 03/30/2001 husband shall pay the sum of $275 per month as child support;and
3. as to -----, DOB 11/19/2004, husband shall pay the sum of $350.00 per month as child support.

Child support shall be payable on the first day of each month and continuing each calendar month thereafter until further order of this court or until said children marry, die, become self-supporting, or reaches the age of 18 years, except that support shall continue until said children reaches 21, whichever comes first, so long as said children are in high school and not self supporting.

In the event either child enrolls in an institution of higher learning, child support shall continue until said child graduates as long as said child resides in the family home.

That is the exact wording of the child support portion of the decree. Obviously, it is full of grammatical errors and other errors such as not including the DOB of the first child which is the one who is turning 18 in May of this year. He is enrolling in a community college and will start in the fall and will be moving in with me right around June 1st. Also, none of my children are handicap and should have no reason to be in high school until they are 21. I hope this makes it easier to give me the best and most accurate advice.

 

[mistoffolees]

Ok, here is the exact wording of the divorce decree that pertains to the child support.

Husband shall pay to wife the sum of $825 per month as child support beginning May 1, 2009 as follows:

1.as to ------, husband shall pay the sum of $200.00 per month as child support;
2. as to -----, DOB 03/30/2001 husband shall pay the sum of $275 per month as child support;and
3. as to -----, DOB 11/19/2004, husband shall pay the sum of $350.00 per month as child support.

Child support shall be payable on the first day of each month and continuing each calendar month thereafter until further order of this court or until said children marry, die, become self-supporting, or reaches the age of 18 years, except that support shall continue until said children reaches 21, whichever comes first, so long as said children are in high school and not self supporting.

In the event either child enrolls in an institution of higher learning, child support shall continue until said child graduates as long as said child resides in the family home.

That is the exact wording of the child support portion of the decree. Obviously, it is full of grammatical errors and other errors such as not including the DOB of the first child which is the one who is turning 18 in May of this year. He is enrolling in a community college and will start in the fall and will be moving in with me right around June 1st. Also, none of my children are handicap and should have no reason to be in high school until they are 21. I hope this makes it easier to give me the best and most accurate advice.

SInce each child is broken out separately, it should be fairly straightforward. You will simply petition the court to have CS stopped when he moves in with you.

If he doesn't go to college and graduates in May, then that wouldn't technically be necessary, but it's probably worth doing, anyway.

 

[CourtClerk]

, except that support shall continue until said children reaches 21, whichever comes first, so long as said children are in high school and not self supporting.

In the event either child enrolls in an institution of higher learning, child support shall continue until said child graduates as long as said child resides in the family home.

Who in GOD'S NAME agreed to this verbiage???????????

If you agreed to it, you pay it.

 

[mistoffolees]

Who in GOD'S NAME agreed to this verbiage???????????

You mean the part about the family home? I chuckled at that one, too.

In any event, if the child moves in with him, he can petition the court to have support stopped for that child. It should be very straightforward.

 

[LdiJ]

Dad, I do want to point out one thing to you that you need to understand. Child support is modifiable as circumstances change. Those circumstances include a child emancipating, but also include changes in income and other factors.

You have a strange court order. If you take this back to court (or if mom does) child support is going to be recalculated based on state guidelines. Therefore, you may end up with a completely different child support order than you have now.

It also will be unlikely to include child support from mom to you for the 18 year old in college.

If I were you, I would strongly recommend googling for an online child support calculator for your state and try to run the numbers for you paying support for 2 children. Before you make any waves make sure that you are not at any risk that your child support will increase.