Child Support Termination

[meganandjoe]

What is the name of your state? New Jersey

My step father has three children from a previous marriage. He has always paid support in full and on time. In his divorce decree it states "support payment on behalf of the children shall continue to be the obligation of the husband until each child reaches the age of 18 years of age, or if the child attends college until such child attains the age of 21, or graduates from undergraduate college."

His oldest daughter turns 21 next month and my stepfather sent a letter to his ex-wife that the last payment will be made the week following her birthday. He wants to continue supporting his daughter, but wants to send the money directly to the child. Is he correct in his assumption that he may end sending child support to the ex?

Thanks in advance.

 

[I AM ALWAYS LIABLE]

What is the name of your state? New Jersey

My step father has three children from a previous marriage. He has always paid support in full and on time. In his divorce decree it states "support payment on behalf of the children shall continue to be the obligation of the husband until each child reaches the age of 18 years of age, or if the child attends college until such child attains the age of 21, or graduates from undergraduate college."

His oldest daughter turns 21 next month and my stepfather sent a letter to his ex-wife that the last payment will be made the week following her birthday. He wants to continue supporting his daughter, but wants to send the money directly to the child. Is he correct in his assumption that he may end sending child support to the ex?

Thanks in advance.

My response:

At what age will she graduate from college?

IAAL

 

[meganandjoe]

Graduatation

I'm not sure when she will graduate. Maybe next May, but she has changed majors once already. She turns 21 next month, so she'd still be 21, just going on 22. My stepfather has no problem with still providing for his daughter, but he'd rather send her money directly as she lives on campus. He's not sure she receives the money he sends to her mother.

 

[I AM ALWAYS LIABLE]

I'm not sure when she will graduate. Maybe next May, but she has changed majors once already. She turns 21 next month, so she'd still be 21, just going on 22. My stepfather has no problem with still providing for his daughter, but he'd rather send her money directly as she lives on campus. He's not sure she receives the money he sends to her mother.

or if the child attends college until such child attains the age of 21, or graduates from undergraduate college.

My response:

Unfortunately, the above sentence doesn't end with "whichever occurs first."
Also, notice that there's an "or" between "the age of 21" and the word "graduates". That's the key word.

So, since she's still in college, Momma Bear is still entitled to receive the support. It doesn't matter whether he's sure or not that his daughter receives the money. He was never sure to begin with, and it doesn't matter. What matters is the order, and what the order states. So, he's on the hook until she graduates.

IAAL

 

[meganandjoe]

It's the word "or" that throws me. What if the situation was reversed. If she was to have just gotten an associates degree, she would have had it by the age of 20. Would he still have had to pay child support from when she had graduated (at the age of 20) until she turned 21? I would have thought the "or" implied whichever occurred first.

Also, what if she continued to switch majors? Or if she only went to school part time? A parent paying support could in all reality pay support until a child is in their late 20's early 30's. That seems excessive.

Thanks again for your help.