Child support over 18

[mycarlb]

What is the name of your state? New York State

My boyfriend pays $600 a month in support for his 2 children, one of whom is now going to college. He is a great dad, but his exwife takes such advantage of him financially that now the girls aren't seeing this money the way they should. His 18 year old wants him to pay tuition, but he cant afford it. I was told by my co-worker that if she is living on campus he doesn't even have to pay support... but he would like to know if he can direct the checks to her, and not her mother. Right now he has them garnished (by his request)...

Is there any way to make the checks payable to his children now that they are 16 and 18? And is it true that if the 18 year old is living on campus that they no longer get child support?

Thanks for any feedback...

 

[betterthanher]

What is the name of your state? New York State

My boyfriend pays $600 a month in support for his 2 children, one of whom is now going to college. He is a great dad, but his exwife takes such advantage of him financially that now the girls aren't seeing this money the way they should. His 18 year old wants him to pay tuition, but he cant afford it. I was told by my co-worker that if she is living on campus he doesn't even have to pay support... but he would like to know if he can direct the checks to her, and not her mother. Right now he has them garnished (by his request)...

Is there any way to make the checks payable to his children now that they are 16 and 18? And is it true that if the 18 year old is living on campus that they no longer get child support?

Thanks for any feedback...

Unless it is court-order, the obligor is under no legal obligation to pay for college. What does the order say as far as what age to pay support until? Can he prove that the money is not going towards the children? That is key. And paying for college won't fly as a reason.

 

[tigger22472]

Unless it is court-order, the obligor is under no legal obligation to pay for college. What does the order say as far as what age to pay support until? Can he prove that the money is not going towards the children? That is key. And paying for college won't fly as a reason.

That is not completely correct. Hopefully Stealth will come and confirm but I believe that NY is one of the states that order support to the age of 21. Living on campus won't necessarily make a difference more than likely. Again, hopefully Stealth will come and give some insight.

 

[mycarlb]

I have to have him find the order, but no, I know it doesn't say he must pay for college... but his ex has his daughters writing him horrible letters of how he is a no good dad, etc... I feel so bad for him. He is one of the good guys who has paid year after year, plus bought clothing, shoes, etc all above and beyond what he had too, out of guilt. The only way to prove she is misusing the money is if his kids will testify, and I guess they are terrified of their mother... As for the age... not sure... I think we both assumed it was 21 in New York State...

Thanks again... any support is great... I just want him to take a stand... his kids will see the truth some day, I hope

 

[tigger22472]

As far as the 16 year old goes I can say with much certainity that he's not going to be able to hand the child the support. Support is not for the child to use, it's for the custodial parent to put a roof over head, food in mouth, provide electricity, clothes on back.. etc.. all the essentials. As far as the 18 year old goes if the mom is supporting her IN ANY WAY what so ever it applies at this point since support is to 21. Also even if the 18 year old were to be dropped from support that would not cut payments in half. That is a huge misconception. The payments would likely either remain the same or slightly lower but not in half, that's not how it's figured.

 

[mycarlb]

That's where the problem lies... The girls are working, and made to use their income to by food, pay some of the utilities and their school clothing... they hand their check to their mom... That's why he is so upset. She uses the support to pay her car payment and for them to take vacations... we just can't convince his children to speak up for themselves so they can get their needs met from their father's check.

So, on the part of the 18 year old, do you think it may be possible to get support collections to issue her the check?

Thanks for your wonderful insight...

 

[stealth2]

Support in NYS goes to 21 unless the "child" is emancipated via marriage, full time employment or joining the military full time. The court would have to declare them emancipated.

 

[LdiJ]

Unless it is court-order, the obligor is under no legal obligation to pay for college. What does the order say as far as what age to pay support until? Can he prove that the money is not going towards the children? That is key. And paying for college won't fly as a reason.

New York state takes child support to age 21 or emancipation....being in college is not being emancipated.

 

[betterthanher]

New York state takes child support to age 21 or emancipation....being in college is not being emancipated.

Ahh NY is one of "those states" that doesn't realize a child becomes an adult at 18.

 

[bakbrakr1]

A wonderful lady forwarded this web site to me and I hope it will help you too. I never heard of it before last night, but the difference it could have made in many lives if I had known about it a couple years ago! Please read this as soon as possible! http://www.deltabravo.net/custody/index.html
Good luck. I know how hard it is when you see your love being a wonderful parent and getting kicked repeatedly in the groin for every act of love!

 

[VeronicaGia]

So, on the part of the 18 year old, do you think it may be possible to get support collections to issue her the check?

Thanks for your wonderful insight...

No, it is not possible. Either they emancipate and he can pay them money, or he has to pay the custodial parent. Child support does not go to the child or, in this case, the adult child.

 

[VeronicaGia]

By the way, there is nothing stopping the 18 year old from moving in with dad now, and having mom pay dad or have child support a wash since each parent will have one child.

 

[bobbitim]

New law?

In Jan 2005 I read a new law on a NYS website that is being brought to change the age of emancipation in NY to 18... I do not know if it has been made a law yet, but it is being discussed in albany.

 

[stealth2]

If you have a chance, could you provide a link, please? Thanks.

In any event, it would likely not affect existing orders.