child support and college

[Becki C.]

state: tennessee

my husband has custody of his children from a previous marriage. in tennesee the ncp has to pay child support until the age of 21 yrs. if the child is in college. if my step-son goes to live with his bio mom when he turns 18 or stay with us, but does not decide to go to college until he is 20 yrs. old, are we obligated to pay one year's worth of support to his bio mom or would she have to pay us even though the lag time between high school and college was 2 years?

in other words, is there a "cut off" point? does he literally have to go immediately to college straight out of high school (but before reaching age 21) for the child support to continue being an obligation?

i ask because bio mom said that when my steps-on turns 18 that he is coming to live with her (since my husband has had him since he was 3 yrs. old at the time of the divorce). she is over $20,000.00 in arrears and was uplifted by thinking we would have to fork money over to her for a change i guess.

 

[Neal1421]

state: tennessee

my husband has custody of his children from a previous marriage. in tennesee the ncp has to pay child support until the age of 21 yrs. if the child is in college. if my step-son goes to live with his bio mom when he turns 18 or stay with us, but does not decide to go to college until he is 20 yrs. old, are we obligated to pay one year's worth of support to his bio mom or would she have to pay us even though the lag time between high school and college was 2 years?

in other words, is there a "cut off" point? does he literally have to go immediately to college straight out of high school (but before reaching age 21) for the child support to continue being an obligation?

i ask because bio mom said that when my steps-on turns 18 that he is coming to live with her (since my husband has had him since he was 3 yrs. old at the time of the divorce). she is over $20,000.00 in arrears and was uplifted by thinking we would have to fork money over to her for a change i guess.

Is that a clause in their divorce decree? In TN child support when child turns 18, or if child is in high school, when child graduates or turns 19.

Did you husband ever file contempt of court on her for not paying?

 

[NCP Dad in TN]

Yeah, I live in TN too and my decree states 18 years old, period. No mention of college. I'm wondering if that is just specific to his divorce decree or if the laws have changed in my state?

I can't say this would be the same for your case, but I know of someone whose ex owed money, owed lots in arrears, but then custody changed to the other parent... and the judge ruled that they didn't have to pay support until the amount they WOULD have paid was paid back with the arrears owed by the other parent... if that makes any sense.

I'd ask an attorney to be sure. What part of TN do you live?

 

[NCP Dad in TN]

Besides, if your husband DID have to pay for college, it wouldn't go to Mom, would it? How is it written in in his decree? I would think the money would go to the SCHOOL.

 

[Becki C.]

i live in memphis. in january 2005 my husband took her in on contempt and although she did not go to jail (she only got yelled at by the judge), we finally got a court order with the amount of $20,000.00 in arrears. she was paying $78 a week steadily for 2 or 3 years now until it got increased to $93 a week to help absorb some of the arrears.

my husband's divorce decree did not state anything specific about the child/children being 21 yrs. old for support, college, etc. my friend actually told me that the laws had changed and they now stated the ncp was obligated to pay until the age of 21 if they were in college and since she previously worked for an attorney, i figured she must know what she was talking about.

so let me get this straight**************since my husband's divorce decree (dated July 1995) does not say anything about providing child support after the age of 18 yrs. (enrolled in college or not), then even if my step-son went to live with his mother, she couldn't turn around and go after us for anything in the way of child support?

thanks you for your help, advice and insight.

 

[NCP Dad in TN]

I think that what the decree says now is what you go by, until it changes, which would mean you'd have to go to court for some reason and HAVE it changed.

Now, I live in TN too, and if you DO go to court between now and whenever, be prepared for them to "update" your decree to the current guidelines. But I haven't heard of that new rule, and I've talked to several attorneys in the past few weeks... maybe they aren't telling me about it, or maybe its not true. I'm hoping for the latter.

 

[Neal1421]

There is no "new rule" as to when child support ends in TN. It ends as I stated before when child turns 18, or if child is in high school, when child graduates unless there is something in the Divorce decree that states longer.

Tell hubby to pull out the decree and see what it says.