Adult child moved out

[2Mistakes]

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

Overview and facts:

Three kids: K, 18; S, 15; and C, 10. I have custody, mom pays child support.

Child support in MS goes to age 21. It is based on a % of AGI as follows:
1 child - 14%
2 children - 20%
3 children - 22%

Mom is currently ordered to pay child support in the amount of $900 per month for 3 kids. That is 22% of an AGI of $49,500. Her current AGI is +/- $76,500.

So, K, who is 18 years old, moved out of my house and moved into my parents house. She has a part-time job (20-30 hours per week) and just started her 1st semester of community college. I am paying 1/2 of her college expenses and I continue to pay her cell phone bill, which is on my account.

OK, so mom contacted me about the child support. I agree with her that it needs to be changed to reflect that K is not living here any more. But we don't agree on how it should change.

Mom originally stated that she was going to start sending me $600 per month and sending $300 per month directly to K. I said no, that isn't how this works. I told her that I think the most fair way to do this is to agree to remove K from the order and recalculate child support based on 2 kids. So change it from 22% to 20% of her AGI. That way she would only be paying child support for the 2 kids who still live with me. Then she was free to send whatever she wanted to K, as could I.

She won't agree to this because her income has gone up so much that, while we would be lowering the %, the amount would actually increase to $1,275 for 2 kids. She stated that she isn't paying more, period.

At one point she said she would just take me to court and ask the judge to order me to pay my parents 14% of my AGI since K lives with them. She keeps saying that she will only agree if she doesn't have to pay anymore than $900 per month total like she is now, and if I agree to have it put in the order that I will send a certain % to my parents as child support for K and she will too. So basically, she wants to send me $600 per month and she wants to send my parents $300 per month, and she wants me to send my parents $300 per month. And she wants this in the order.

I do not agree to adding 3rd parties to our child support order. I do not agree to having it ordered that either of us sends child support to the adult child who decided to not live at home anymore.

I feel that K is an adult and made an adult decison to not live at home anymore, and I don't feel that either of us should be held to supporting an adult who doesn't live at home. I will continue helping my daughter out, but as I deem appropriate. I feel that mom should do the same, or not, based on what she wants to do.

So, how does this actually legally work when child support goes to age 21, but an 18 year old child moves out? Wouldn't it make the most sense to remove said child from the order and refigure child support for the 2 remaining children?

 

[TheGeekess]

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

Overview and facts:

Three kids: K, 18; S, 15; and C, 10. I have custody, mom pays child support.

Child support in MS goes to age 21. It is based on a % of AGI as follows:
1 child - 14%
2 children - 20%
3 children - 22%

Mom is currently ordered to pay child support in the amount of $900 per month for 3 kids. That is 22% of an AGI of $49,500. Her current AGI is +/- $76,500.

So, K, who is 18 years old, moved out of my house and moved into my parents house. She has a part-time job (20-30 hours per week) and just started her 1st semester of community college. I am paying 1/2 of her college expenses and I continue to pay her cell phone bill, which is on my account.

OK, so mom contacted me about the child support. I agree with her that it needs to be changed to reflect that K is not living here any more. But we don't agree on how it should change.

Mom originally stated that she was going to start sending me $600 per month and sending $300 per month directly to K. I said no, that isn't how this works. I told her that I think the most fair way to do this is to agree to remove K from the order and recalculate child support based on 2 kids. So change it from 22% to 20% of her AGI. That way she would only be paying child support for the 2 kids who still live with me. Then she was free to send whatever she wanted to K, as could I.

She won't agree to this because her income has gone up so much that, while we would be lowering the %, the amount would actually increase to $1,275 for 2 kids. She stated that she isn't paying more, period.

At one point she said she would just take me to court and ask the judge to order me to pay my parents 14% of my AGI since K lives with them. She keeps saying that she will only agree if she doesn't have to pay anymore than $900 per month total like she is now, and if I agree to have it put in the order that I will send a certain % to my parents as child support for K and she will too. So basically, she wants to send me $600 per month and she wants to send my parents $300 per month, and she wants me to send my parents $300 per month. And she wants this in the order.

I do not agree to adding 3rd parties to our child support order. I do not agree to having it ordered that either of us sends child support to the adult child who decided to not live at home anymore.

I feel that K is an adult and made an adult decison to not live at home anymore, and I don't feel that either of us should be held to supporting an adult who doesn't live at home. I will continue helping my daughter out, but as I deem appropriate. I feel that mom should do the same, or not, based on what she wants to do.

So, how does this actually legally work when child support goes to age 21, but an 18 year old child moves out? Wouldn't it make the most sense to remove said child from the order and refigure child support for the 2 remaining children?

2M, you know that she's not going to attempt to make sense. Love you long time, dude, but your ex is a somethin-or-other.

If you used CSEA in MS, they'd figure it per formula and that would be about it. But since she's in FL, then MS CSEA'd have to involve FL DOR; but IIRC, the CS follows the numbers in the state where the NCP lives. So, she could cooperate with MS and pay less (on MS guidelines) or cause it to go thru the FL DOR and end up paying more. That might be the way to approach her.

 

[2Mistakes]

2M, you know that she's not going to attempt to make sense. Love you long time, dude, but your ex is a somethin-or-other.

If you used CSEA in MS, they'd figure it per formula and that would be about it. But since she's in FL, then MS CSEA'd have to involve FL DOR; but IIRC, the CS follows the numbers in the state where the NCP lives. So, she could cooperate with MS and pay less (on MS guidelines) or cause it to go thru the FL DOR and end up paying more. That might be the way to approach her.

Really? I always thought that it goes according to the state the kids live in. That since MS has jurisdiction, MS guidelines apply. Because if we go by FL guidelines, CS for 2 kids is $1,404 per month.

Honestly, I'm not trying to milk her for more money. I would be happy keeping things the way they are and her continuing to pay $900 per month, even though MS guidelines say she should be paying $1,275. If she had 1/2 a brain, she would have thought it through before even saying anything, and realized that by opening this can of worms that the CS might go up. Had she not opened this can of worms, I wouldn't have either. Had she just kept sending $900, all would be fine. But she has taken it upon herself to adjust it to whatever she wants and just start sending me less. So I guess I would have no choice but to file for contempt for what she's shorting it, and to modify the order based on COC.

If I do that, would the best approach just be to ask that the adult child be removed from the order and that CS be calculated on 2 children?

 

[BL]

If I had 1/2 a brain ,I'd be in OZ.

Really , the State that made the order has to modify it.

If neither still live in the ordering State ,the State with Juristiction has to have a Forign Order to modify , and the originating State guidelines rule.

You can not shop hop.

 

[2Mistakes]

If I had 1/2 a brain ,I'd be in OZ.

Really , the State that made the order has to modify it.

If neither still live in the ordering State ,the State with Juristiction has to have a Forign Order to modify , and the originating State guidelines rule.

You can not shop hop.

I'm not trying to shop hop. So, we got married in MS, lived our entire marriage in MS, and divorced in MS. All mods have been in MS court. Current order is a MS order. So, it needs to be modified in MS, yes? And figured by MS guidelines, yes? If so, that's fine.

My main question is...if CS goes to age 21, but an 18 year old adult child moves out, what happens with the child support?

 

[BL]

I'm not trying to shop hop. So, we got married in MS, lived our entire marriage in MS, and divorced in MS. All mods have been in MS court. Current order is a MS order. So, it needs to be modified in MS, yes? And figured by MS guidelines, yes? If so, that's fine.

My main question is...if CS goes to age 21, but an 18 year old adult child moves out, what happens with the child support?

Well usually if the 18 year old is no longer under any care or control of their parent(s) , that amount should cease per modification.

But I'm not familiar with your State's guidlines,and do not feel like looking it up.

 

[TheGeekess]

Really? I always thought that it goes according to the state the kids live in. That since MS has jurisdiction, MS guidelines apply. Because if we go by FL guidelines, CS for 2 kids is $1,404 per month.

Honestly, I'm not trying to milk her for more money. I would be happy keeping things the way they are and her continuing to pay $900 per month, even though MS guidelines say she should be paying $1,275. If she had 1/2 a brain, she would have thought it through before even saying anything, and realized that by opening this can of worms that the CS might go up. Had she not opened this can of worms, I wouldn't have either. Had she just kept sending $900, all would be fine. But she has taken it upon herself to adjust it to whatever she wants and just start sending me less. So I guess I would have no choice but to file for contempt for what she's shorting it, and to modify the order based on COC.

If I do that, would the best approach just be to ask that the adult child be removed from the order and that CS be calculated on 2 children?

Yes, I'd think so (to the bolded).

The initiating state sets the order for support; the state with the obligor sets up the rest per their guidelines.
(MS statute covering this: http://www.mscode.com/free/statutes/93/011/index.htm )

 

[2Mistakes]

Yes, I'd think so (to the bolded).

The initiating state sets the order for support; the state with the obligor sets up the rest per their guidelines.
(MS statute covering this: http://www.mscode.com/free/statutes/93/011/index.htm )

Thanks! I find this interesting reading. MCA 93-11-65:

"(8) The duty of support of a child terminates upon the emancipation of the child. The court may determine that emancipation has occurred and no other support obligation exists when the child:

(a) Attains the age of twenty-one (21) years, or

(b) Marries, or

(c) Discontinues full-time enrollment in school and obtains full-time employment prior to attaining the age of twenty-one (21) years, or

(d) Voluntarily moves from the home of the custodial parent or guardian and establishes independent living arrangements and obtains full-time employment prior to attaining the age of twenty-one (21) years."

A-Doesn't apply, she's 18
B-Doesn't apply, she's single
C-Doesn't apply, she's in college full-time and works part-time
D-Well, she did voluntarily move from my home. I don't know if moving in with grandparents counts as independent living arrangements, but she didn't obtain full-time employment.

So looking at this statute, it could be argued that mom actually still owes child support to me for the 18 year old. I am still supporting her. I pay for 1/2 her college. I pay her phone bill. I forgot that I am still providing her health insurance, and I transfer money to her account sometimes, just because. $100 here, $50 there, just to help her out....hmmm.

 

[BL]

Thanks! I find this interesting reading. MCA 93-11-65:

"(8) The duty of support of a child terminates upon the emancipation of the child. The court may determine that emancipation has occurred and no other support obligation exists when the child:

(a) Attains the age of twenty-one (21) years, or

(b) Marries, or

(c) Discontinues full-time enrollment in school and obtains full-time employment prior to attaining the age of twenty-one (21) years, or

(d) Voluntarily moves from the home of the custodial parent or guardian and establishes independent living arrangements and obtains full-time employment prior to attaining the age of twenty-one (21) years."

A-Doesn't apply, she's 18
B-Doesn't apply, she's single
C-Doesn't apply, she's in college full-time and works part-time
D-Well, she did voluntarily move from my home. I don't know if moving in with grandparents counts as independent living arrangements, but she didn't obtain full-time employment.

So looking at this statute, it could be argued that mom actually still owes child support to me for the 18 year old. I am still supporting her. I pay for 1/2 her college. I pay her phone bill. I forgot that I am still providing her health insurance, and I transfer money to her account sometimes, just because. $100 here, $50 there, just to help her out....hmmm.

This scenario sounds awfully familiar to another post.

I hate the tech. issues with jumping on the board to posting.

Anyway , can you prove 18 yr. old resides an grammy's ?

 

[2Mistakes]

The obligor should seek modification , so the obigor doesn't pay the obligee.

This sernario sounds affull familair to another post.

She's not seeking modification. She's just started paying less, and is now just paying what she feels she should. So it's going to be on me to actually file something if I don't want to accept whatever lower amount she feels like paying.

I think I had posted something about this a few months ago, when the adult child first started talking about moving out. That may be why it sounds familiar.

 

[BL]

She's not seeking modification. She's just started paying less, and is now just paying what she feels she should. So it's going to be on me to actually file something if I don't want to accept whatever lower amount she feels like paying.

I think I had posted something about this a few months ago, when the adult child first started talking about moving out. That may be why it sounds familiar.

I edited my post re-read it.

 

[TinkerBelleLuvr]

What would be the support if it were for 3 children?

 

[BL]

What would be the support if it were for 3 children?

If my mind reflects me right , I think 2mistakes is looking for a way out,and he was advised prior to this posting as he indicated.

Unless something has changed , what's the purpose of the posting ?

 

[TheGeekess]

If my mind reflects me right , I think 2mistakes is looking for a way out,and he was advised prior to this posting as he indicated.

Unless something has changed , what's the purpose of the posting ?

A way out of what? He's not paying CS, he has custody of the children and his ex is the one supposed to be paying him CS.

 

[2Mistakes]

This scenario sounds awfully familiar to another post.

I hate the tech. issues with jumping on the board to posting.

Anyway , can you prove 18 yr. old resides an grammy's ?

Ummm, she receives her mail there at my parent's house. I wouldn't want to involve her in this, but the only way to prove that she lives there would be to subpoena her to testify and/or subpoena her mail or her records from school showing my parents address. I'm not following your question, though. Why would I need to prove where she lives?

Tink, child support for 3 children is currently $900. But guidelines put it at $1,402. Her income has gone up since the last order.