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CS After 18

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TNBSMommy

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

I haven’t been here in a while and it’s been even longer since I have had any questions to ask. Quick update on things: my oldest is off in college, my youngest just turned 18, he still has a year left of school. Their dad owes over 50 thousand in CS and has only paid when forced to over the years. He is currently in jail either until Jan 13 or until April for violation of probation-he was given 120 more days at his court hearing last week, but according to his wife, he is looking at getting out in Jan because of 2 for 1(?). He was on probation for getting busted selling drugs, he’s been in jail since the end of October, before that he was in jail for a little over a month for contempt for not paying CS, he got out in Aug.

I moved to MS this year, my son agreed to give it six months. My ex was aware I was planning to move and was fine with it. My son has been going back and forth about whether he wants to go back to TN, or stay here. Although he’s doing well here, his grades are better and he has made friends, when we talk about him going back his reasons are always “well the girls need me and you’re doing good”(talking about his step mother and his half-sisters) and “they need someone to be the man of the house”, just making it clear that he isn’t thinking of going back over any problems we have, we have a great relationship, he just feels like he needs to go take care of people who apparently can’t take care of themselves.

My question is, I understand in TN CS goes until they reach 18 or until they graduate high school, whichever comes later, if my son decides to go back to TN, will his father be able to come after me for CS, owing me so much already and with him already being 18? Let me say I want him here so he will graduate. I’ve raised him this long with next to no CS and I have no problem getting him through one more year of school with no CS. At this point, I don’t care if his father pays another dime, I just want to see my son graduate, and I firmly believe he won’t if he goes back up there.
Thank you!
 


You are the custodial parent. If your son reaches reaches the age of 18 and moves out of your house, he is considered emancipated and is no longer eligible for child support. This does not affect any CS arrears that your ex owes you.
 

TNBSMommy

Member
Thank you!! I did forget to mention that I have had sole legal and physical custody since the kids were in elementary school. I don't want him to move but I do feel better knowing if he goes then that's on him and I won't be paying for it.
 

ecmst12

Senior Member
Even if he DID file for child support, and even if it were to be granted, the worst that would happen is a credit towards his arrears - which would barely make a dent.
 

TNBSMommy

Member
Thanks! I would be fine with that if it came down to it. I just have a hard time with the thought of being forced to pay cs to a man who has gone above and beyond trying to avoid paying it to me, simply because my son is now 18 and I can't stop him from leaving.
 

chereeda

Junior Member
Actually, in Tn, child support continues after 18 while the kid is in high school, until the class of which the child is or should be a member graduates. If the kid leaves your house and moves into the other parent's house, that is not emancipation for child support purposes, as the kid is still in high school. The other parent could certainly file for child support in these circumstances.
 

TNBSMommy

Member
I knew it continued as long as they were in high school in Tn. Hopefully if it comes down to it, we will have the same judge who has put him in jail several times and will just credit the huge CS debt he owes me. Or my son will stay with me and we will continue as we are.
 

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