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Question about child support when child is in college

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XXmotherinneed

Junior Member
What is the name of your state (only U.S. law)? NJ
I live in Somerset county NJ. I am the custodial parent of a 22 year old who is a full time student living in college. In our divorce settlement we agreed that we would each pay 1/2 towards the cost of college. However, now my ex is saying that he won't pay child support and also for her housing. He says that is double paying since she lives at school. I was told that college is a separate issue. What is his legal obligation?
 
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single317dad

Senior Member
What is the name of your state (only U.S. law)? NJ
I live in Somerset county NJ. I am the custodial parent of a 22 year old who is a full time student living in college. In our divorce settlement we agreed that we would each pay 1/2 towards the cost of college. However, now my ex is saying that he won't pay child support and also for her housing. He says that is double paying since she lives at school. I was told that college is a separate issue. What is his legal obligation?
Well, it certainly doesn't seem very fair to pay for the child to live at college and again for her to live at home. That aside, college may well be a completely separate issue from support. If so, your ex-husband no longer owed you any support once the child turned 18. What, exactly, does your decree say wrt child support and college expenses?
 

CJane

Senior Member
Unless your support order requires him to pay support until a certain age, you're awfully lucky he didn't file to terminate when the child turned 18/graduated from high school. I think that certainly, at 22, he should file to have the child emancipated and child support to cease.
 

TinkerBelleLuvr

Senior Member
If memory serves me right, child support can continue until 22 when the child in question is in college fulltime. Does the child live at home and attend classes? Live on campus away from home? There are many unanswered questions.
 

CJane

Senior Member
If memory serves me right, child support can continue until 22 when the child in question is in college fulltime. Does the child live at home and attend classes? Live on campus away from home? There are many unanswered questions.
In my state, yes. But a quick google of NJ law says that majority is 18, but CS doesn't stop until emancipation by the court.
 

stealth2

Under the Radar Member
In NJ, CS generally needs to be ended by the court, especially if the child(*) is attending college.

(*) "Child" as in the progeny of the parents, rather than a person under the age of majority.
 

XXmotherinneed

Junior Member
Our divorce settlement has a clause that we both share equally in college expenses. She does not get emancipated until she completes her undergraduate studies. We have been contacted by the courts about emancipation and her age DOES NOT determine emancipation ... her full-time student status does. This was also spelled out in our divorce settlement. That is not the issue or the question. She lives at school but as I said college expenses were a separate clause in our divorce settlement agreement. By the way, child support has not been revisited since our divorce 11 years ago, our incomes have both increased, however, I pay for her medical coverage which has increased substantially in 11 years, she hasn't had an overnight at her father's house in about 6 years (her choice) and she doesn't take vacation with him either. These are all factors in determining the amount of child support.
 

Just Blue

Senior Member
Our divorce settlement has a clause that we both share equally in college expenses. She does not get emancipated until she completes her undergraduate studies. We have been contacted by the courts about emancipation and her age DOES NOT determine emancipation ... her full-time student status does. This was also spelled out in our divorce settlement. That is not the issue or the question. She lives at school but as I said college expenses were a separate clause in our divorce settlement agreement. By the way, child support has not been revisited since our divorce 11 years ago, our incomes have both increased, however, I pay for her medical coverage which has increased substantially in 11 years, she hasn't had an overnight at her father's house in about 6 years (her choice) and she doesn't take vacation with him either. These are all factors in determining the amount of child support.
Any reason the ADULT can't get a pt job and assist with her own educational costs?? :confused:
 

single317dad

Senior Member
Any reason the ADULT can't get a pt job and assist with her own educational costs?? :confused:
That's not the question here. Dad agreed (and was apparently ordered) to pay for half the college costs. Dad was also (apparently) ordered to pay child support. That Dad has simply stopped paying, while possibly fair and just, is not the proper procedure. OP should contact the attorney who drew up this complicated order for a consultation, so she can more clearly understand her options, which may include returning to court for enforcement.

If Dad contested the support order properly, I don't see why he should be paying support on top of the college costs, but that's not what he's (apparently) done.
 

stealth2

Under the Radar Member
Heck, my ex was ordered to pay for 100% of college expenses (actually - he volunteered). Funny how that worked out. Or not.
 

Just Blue

Senior Member
That's not the question here. Dad agreed (and was apparently ordered) to pay for half the college costs. Dad was also (apparently) ordered to pay child support. That Dad has simply stopped paying, while possibly fair and just, is not the proper procedure. OP should contact the attorney who drew up this complicated order for a consultation, so she can more clearly understand her options, which may include returning to court for enforcement.

If Dad contested the support order properly, I don't see why he should be paying support on top of the college costs, but that's not what he's (apparently) done.
You are correct of course...But I find it rather sad that any parent would be court ordered to pay for ADULT EXPENSES when said adult won't even visit with said parent. :(
 

LdiJ

Senior Member
You are correct of course...But I find it rather sad that any parent would be court ordered to pay for ADULT EXPENSES when said adult won't even visit with said parent. :(
The OP didn't say that the adult child never visits/sees her father. She said that the adult child doesn't spend the night at dad's house. How many adult children do if their parents are local?
 

XXmotherinneed

Junior Member
I joined this site looking for legal advice not the opinions of the uninformed and people with opinions that are irrelevant and useless. I will contact an attorney and remove myself from this site.
 

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