Child Support, Arrears & Child Not in School

[ladyv924]

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

I apologize..I'm new at this and hit "enter" before I finished typing the question! DUH! Anyway, I'll try to be brief: March 2005, my husband quit his job. He worked odd jobs and paid what he could but of course, ended up in arrears. Early 2007, the CP had a baby (no, not with my husband!); April-May 2007, the CP withdrew the then 14 yr. old daughter from public school to be home schooled. The daughter is NOT being home schooled. November 2007 my husband found a great job. December 2008 he was laid off. He's collecting unemployment benefits and 1/2 is going towards c/s. The daughter is still not enrolled in school (she has an 8th grade education) only her younger brother was attending school. My question: Isn't there a law or something that states your child has to be enrolled in school? Can the arrears or c/s order be modified due to the CP's "benign indifference?"

 

[Isis1]

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

going to need more info and an actual question.

 

[Ohiogal]

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

I apologize..I'm new at this and hit "enter" before I finished typing the question! DUH! Anyway, I'll try to be brief: March 2005, my husband quit his job. He worked odd jobs and paid what he could but of course, ended up in arrears. Early 2007, the CP had a baby (no, not with my husband!); April-May 2007, the CP withdrew the then 14 yr. old daughter from public school to be home schooled. The daughter is NOT being home schooled. November 2007 my husband found a great job. December 2008 he was laid off. He's collecting unemployment benefits and 1/2 is going towards c/s. The daughter is still not enrolled in school (she has an 8th grade education) only her younger brother was attending school. My question: Isn't there a law or something that states your child has to be enrolled in school? Can the arrears or c/s order be modified due to the CP's "benign indifference?"

What about the NCP's indifference? To both caring enough to ask the question here AND to the fact that HIS child is apparently an 8th grade drop out? Oh yeah. That doesn't matter so long as he gets out of paying arrears and child support. If dad cared he would be fighting for his child to get back in school or for custody. And he would have started this fight back in 2007. But heck that doesn't matter, right? Dad doesnt' care about his child but just about the money. Actually STEPMOM cares about the money. Disgusting.

 

[pittrocks]

Yes, seems he was fine with it til someone (methinks STEP) brought up idea that he could possibly get out of paying $$.

I agree that it's disgusting. And if this happened in 2007, perhaps too much time has gone by to address the whole drop-out issue in court.

 

[Ohiogal]

Yes, seems he was fine with it til someone (methinks STEP) brought up idea that he could possibly get out of paying $$.

I agree that it's disgusting. And if this happened in 2007, perhaps too much time has gone by to address the whole drop-out issue in court.

Wrong. Texas Law:

SUBCHAPTER C. OPERATION OF SCHOOLS AND SCHOOL ATTENDANCE
Section 25.085. COMPULSORY SCHOOL ATTENDANCE.

(b) Unless specifically exempted by Section 25.086, a child who is at least six years of age, or who is younger than six years of age and has previously been enrolled in first grade, and who has not yet reached the child’s 18th birthday shall attend school.

Section 25.086. EXEMPTIONS.


(a) A child is exempt from the requirements of compulsory school attendance if the child:

(1) attends a private or parochial school that includes in its course a study of good citizenship;

(2) is eligible to participate in a school district’s special education program under Section 29.003 and cannot be appropriately served by the resident district;


(3) has a physical or mental condition of a temporary and remediable nature that makes the child’s attendance infeasible and holds a certificate from a qualified physician specifying the temporary condition, indicating the treatment prescribed to remedy the temporary condition, and covering the anticipated period of the child’s absence from school for the purpose of receiving and recuperating from that remedial treatment;

(4) is expelled in accordance with the requirements of law in a school district that does not participate in a mandatory juvenile justice alternative education program under Section 37.001;

(5) is at least 17 years of age and:

(A) is attending a course of instruction to prepare for the high school equivalency examination, and:

(i) has the permission of the child’s parent or guardian to attend the course;

(ii) is required by court order to attend the course;

(iii) has established a residence separate and apart from the child’s parent, guardian, or other person having lawful control of the child; or

(iv) is homeless as defined by 42 U.S.C. section 11302; or

(B) has received a high school diploma or high school equivalency certificate;

(6) is at least 16 years of age and is attending a course of instruction to prepare for the high school equivalency examination, if:

(A) the child is recommended to take the course of instruction by a public agency that has supervision or custody of the child under a court order; or

(B) the child is enrolled in a Job corps training program under the Job Training Partnership Act (29 U.S.C. Section 1501 et seq.), and its subsequent amendments;

(7) is enrolled in the Texas Academy of Mathematics and Science;

(8) is enrolled in the Texas Academy of Leadership in the Humanities; or

(9) is specifically exempted under another law.

(b) This section does not relieve a school district in which a child eligible to participate in the district’s special education program resides of its fiscal and administrative responsibilities under Subchapter A, Chapter 29, or of its responsibility to provide a free appropriate public education to a child with a disability.

Mom and dad can quite frankly BOTH face criminal charges if the child is NOT being homeschooled. Hopefully they both will for neglecting this child's education.

 

[ladyv924]

When I married my husband, I married him and his children and vice versa. The child support & arrears aren't an issue; I'm asking if a reduction in c/s or arrears could be used in situations where the CP is not complying with compulsory school attendance laws. For example, in Texas, if a family is receiving Temporary Assistance for Needy Families (TANF), there's a compulsory school attendance requirement in order to continue to receive benefits.

This is NOT about money, at least not at this end - but it is with the CP. She's keeping her daughter out of school so the NCP will continue to pay c/s after the daughter's 18th birthday. Nice, huh?

 

[Ohiogal]

When I married my husband, I married him and his children and vice versa. The child support & arrears aren't an issue; I'm asking if a reduction in c/s or arrears could be used in situations where the CP is not complying with compulsory school attendance laws. For example, in Texas, if a family is receiving Temporary Assistance for Needy Families (TANF), there's a compulsory school attendance requirement in order to continue to receive benefits.

This is NOT about money, at least not at this end - but it is with the CP. She's keeping her daughter out of school so the NCP will continue to pay c/s after the daughter's 18th birthday. Nice, huh?

Well it sure as heck is NOT about the child. I haven't heard where your husband is doing squat to make sure HIS CHILD is attending school. All I have heard is you question whether child support should be stopped. And no it will not be stopped. Until the child turns at least 18. And the arrears will NOT be forgiven. Maybe your husband should actually start being a PARENT to his child and making sure his child is receiving an education before he is pulled into court for NEGLECT. (Oh and even if mom loses custody to the state dad would still be paying child support to the state. )

Oh and one other thing -- the fact that your husband was STUPID and QUIT his job doesn't help him. He should be imputed with the highest possible income he has ever earned and forced to pay on that. NOT based on his voluntary underemployment since he QUIT his job. Again, your husband is NOT being an adult nor being a real parent.

 

[ladyv924]

Aren't you tired from jumping to conclusions?! I don't know if you're a very angry woman or a very good actress....

 

[Ohiogal]

Aren't you tired from jumping to conclusions?! I don't know if you're a very angry woman or a very good actress....

So when did dad file for custody and fight for his child in court? The child dropped out in 8th grade and what has your hubby done to get his child BACK in school? Please, do tell.

 

[ladyv924]

Feb. 2008 paperwork was filed to amend the divorce decree so he would be the custodial parent; the lawyers said that mediation would be the best way to handle the modification. About the same time, my husband and I heard about a great program through the ommunity college that was specifically designed for kids 16+ that had dropped out of h.s. or were in danger of dropping out. If accepted into the program, kids go to school at the community college, earn their h.s. diploma (not G.E.D.) and an Associates degree. He called & made an appt. and he and our daughter talked to the Director. Applications were filled out and she was accepted! Things were looking up! Obviously, things didn't work out as we hoped or I wouldn't have asked my questions.