Emancipation/termination of child support

[morning_angel]

My husband has been paying child support for his 3 kids from his first marriage for 16 years. Only his son is left on the support at this time. In both the state his son lives (IL), and the state we live in (PA) the law states that he will pay support until the child reaches age 18 OR finishes high school, whichever comes later. Last July he turned 18, but had not completed school. We discovered that as of Feb 2, 2001, he was thrown out of school (actually, forcibly removed by police) and expelled for 10 days. Condition of return to school was a meeting between the boy, his mother and all school officials. It is now more than 4 months later and to date he has not returned to school. I'm not sure if the school considers him "officially" dropped out, since he didn't go in and sign out of school (or whatever you have to do to make it official.) We also believe he has moved out of his mother's home, and the director of his school told me that she knows he is working "a lot of hours" at a local fast food establishment. Does that provide basis for him to be emancipated from the child support? If not, is there some way we can either force him to go back to school or sign out of school so we can have some conclusion to this mess? We don't mind paying for him if he's doing what he's supposed to, but if he's not in school, and he's not even living at home, then the mother is taking the child support as a nice cash bonus every month at our expense! We got the paperwork from the school saying he is "dropped", and prepared the request for termination to send in to the court. Friday the mother phones, and says that the son is going to return to school in the fall. With school being out for summer it seems that if we file for termination of the support, she can hold this up for months by saying he is going to attend school next year? I telephoned the school and they said he has not re-registered for school. I feel as though she is saying that so that we have to keep paying. I am wondering if, given his record of attendance (or the lack thereof) the court would allow his "intention" to return to school as basis to continue child support...Also, if we are able to have his child support terminated, and if he should return to school in the fall, can his mother have the child support re-instated? We're not talking about one more year here, he has done this before...he will only be in 11th grade IF he goes back Lots of questions, sorry, thanks for any help.

 

[Ambr]

if the school register states that he has dropped and he does not show a re-register then you should have no problems in demonstrating to a judge his intent or lack of.

you could also check the limitations with the school. our school had an age limit of 20. he will be cutting it close. he will be 19 before he returns this fall, to the 11th grade. that means he will be 20 before his senior year. will the school still allow enrollment for his senior year? maybe you could prove that he could not possilby graduate and push for an equivalency program instead. that way you can guarantee his graduation.

if he is not living at home, then the support should not be paid to the mother. although you would definitely need proof of this. any utilities in his name? landlords you could get an affadavit from? this would prove emancipation.

i would try and push for his return to school. we all know how much an education is going to help him. a HS education or equivalent is a must now a days for anything.

of course, if you push, you can guarantee he won't do anything. teenagers!! they will do the complete opposite everytime. my mom use to tease me that she was going to have to like my BF to get me to dump him cause she didn't like him. hahaha

 

[LegalBeagle]

You have more than enough to petition to stop CS. Even if he does return to school, CS does not go on forever and there is a cap regardless.

 

[morning_angel]

LegalBeagle, what do you mean when you say, "there is a cap"?

This situation seems to be a very grey area, as best I can tell. We are probably more concerned with what would happen in the unlikely even that the "child" DOES go back to school in the fall, than whether or not we could terminate child support as it stands. If we terminate and he goes back, can the mother have the child support reopened? He will be 19 years old at that time, having completed 10th grade. (yes, Ambr, I agree, an equivalency program IS what he needs at this point) If the mother can have the support reopened, it is almost sure to trigger an increase (she hasn't whammied us for at least 30-40 seconds...)and with 3 kids of our own, that is something we can't handle right now, so until we know for sure, we're waiting...paying...

 

[LegalBeagle]

Most states have a cap of 19, regardless of whether they are in HS or not. If I get time later, I will read up and see if there is this 'cap' in your state.

 

[morning_angel]

a cap? really!!?? thank you very much for looking up that information for me, I would appreciate that! I will await your findings.

[Edited by morning_angel on 06-07-2001 at 07:31 AM]

 

[LegalBeagle]

Providing the court order is from IL, then the statutes are very open on when support ends. Basically it is 18, but a judge has a huge area where he can order a continuation while the child is attending school. In your current situation and with some proof to the facts, then you should get support terminated by a judge.

The mother will come back with the standard, 'he is attending school in the fall' and promptly enroll the child with the school. It will then be down to the judge to decide. Only IL attorneys can advise you on the possible way this will play out as they know their judges pretty well.

My advise is for you to phone around a few local (IL) attorneys for a free consultation and then go ahead and file for termination of support.


(750 ILCS 5/513)
Sec. 513. Support for Non-minor Children and Educational Expenses.
(a) The court may award sums of money out of the property and
income of either or both parties or the estate of a deceased parent, as
equity may require, for the support of the child or children of the
parties who have attained majority in the following instances:
(1) When the child is mentally or physically disabled and not
otherwise emancipated, an application for support may be made before
or after the child has attained majority.
(2) The court may also make provision for the educational
expenses of the child or children of the parties, whether of minor
or majority age, and an application for educational expenses may be
made before or after the child has attained majority, or after the
death of either parent. The authority under this Section to make
provision for educational expenses extends not only to periods of
college education or professional or other training after graduation
from high school, but also to any period during which the child of
the parties is still attending high school, even though he or she
attained the age of 18. The educational expenses may include, but
shall not be limited to, room, board, dues, tuition, transportation,
books, fees, registration and application costs, medical expenses
including medical insurance, dental expenses, and living expenses
during the school year and periods of recess, which sums may be
ordered payable to the child, to either parent, or to the
educational institution, directly or through a special account or
trust created for that purpose, as the court sees fit.
If educational expenses are ordered payable, each parent and
the child shall sign any consents necessary for the educational
institution to provide the supporting parent with access to the
child's academic transcripts, records, and grade reports. The
consents shall not apply to any non-academic records. Failure to
execute the required consent may be a basis for a modification or
termination of any order entered under this Section.
The authority under this Section to make provision for
educational expenses, except where the child is mentally or
physically disabled and not otherwise emancipated, terminates when
the child receives a baccalaureate degree.
(b) In making awards under paragraph (1) or (2) of subsection (a),
or pursuant to a petition or motion to decrease, modify, or terminate
any such award, the court shall consider all relevant factors that
appear reasonable and necessary, including:
(1) The financial resources of both parents.
(2) The standard of living the child would have enjoyed had
the marriage not been dissolved.
(3) The financial resources of the child.
(4) The child's academic performance.


[Edited by LegalBeagle on 06-07-2001 at 08:18 AM]

 

[morning_angel]

Providing the court order is from IL, then the statutes are very open on when support ends. Basically it is 18, but a judge has a huge area where he can order a continuation while the child is attending school. In your current situation and with some proof to the facts, then you should get support terminated by a judge.

The mother will come back with the standard, 'he is attending school in the fall' and promptly enroll the child with the school. It will then be down to the judge to decide. Only IL attorneys can advise you on the possible way this will play out as they know their judges pretty well. ...

LegalBeagle, thanks for the information. I had thought it seemed pretty "open ended" myself. Quite frankly, the other aspect that we face is the fact that the mother had the support order transfered to PA some years ago. I had always thought that meant that IL made the rulings and PA enforced them, but when the older two children turned 18, we petitioned the court in PA and THEY made the judgement and terminated support. Would you think that this one will go through PA also, or do you suppose it will go through IL? PA laws seem to be pretty similar as far as the age/school guidelines go, but I'm not sure what is applicable in this situation. Thanks again for the help, I really appreciate it!

 

[LegalBeagle]

LegalBeagle, thanks for the information. I had thought it seemed pretty "open ended" myself. Quite frankly, the other aspect that we face is the fact that the mother had the support order transfered to PA some years ago. I had always thought that meant that IL made the rulings and PA enforced them, but when the older two children turned 18, we petitioned the court in PA and THEY made the judgement and terminated support. Would you think that this one will go through PA also, or do you suppose it will go through IL? PA laws seem to be pretty similar as far as the age/school guidelines go, but I'm not sure what is applicable in this situation. Thanks again for the help, I really appreciate it!

How did I know you were going to do this?

If PA terminated the previous two orders and currently have the working file then you will petition to the PA court. Which works out a little better for you. PA does not have the open ended nature of IL and chances are, once the order is stopped in PA, it is unlikely to be re-established.

Get yourself an attorney tomorrow and file to terminate.

Good luck!

 

[morning_angel]

How did I know you were going to do this? [/B]

LegalBeagle, you knew because that is the nature of the beast!! Thank you so much for the help, you are too good to me!! Don't try to call tomorrow, I'll be downtown filing at the courthouse!

Thanks again