Paying for college: can the NCP be forced?

[ancalagonblack]

NY Law raised it's minimum age to consume alcohalic beverages to 21 , does that mean after 21 the citizen can not consume alcohal ?

What does that have to do with anything?

Also, are you a lawyer? Your spelling and puncutation are a little lacking (its v. it's, alcohol v. alcohal, incorrectly leaving a space after a period or a comma). If I'm going to get abused, I'd like it to be by an actual attorney. The question of do I have to pay until 21 has been answered. Can we move on? No need to shout or swear at me. I may be dense but at least I'm civil.

In this thread, I asked a question: can a child sue his parents to pay for college? Any lawyers here ever seen such a case be successful? I'd like to get the thread back on topic.

 

[noobdad]

If you're extremely wealthy, your ex can probably get a judge to make you pay for some college expenses.

Your son personally cannot sue you for jack ****.

after googling for a couple minutes, i've seen a case where some jackass in NY got shafted paying for 75% of his sons tuition on top of 2k+ a month payments to ncp

google: "child support college NY" its like one of the first 5 hits.

if you're wealthy she can probably get sum college loot for yer son on top of cs payments. whats your income bracket?

 

[haiku]

Do you even have a court order for child support?

The FAFSA requests HOUSEHOLD income, that means that everyone in your household who produces income is counted towards whether or not the person applying gets aid. Because YOU are not a member of your sons household your income, and your wifes income is not counted. Its not in any way associated with how child support is figured.

The child cannot sue you, but the mother might be able to revisit the support IF thier is an actual order on file...

 

[TinkerBelleLuvr]

FAFSA or FASFA (can't remember which way it goes)

Until the child turns 24, they look at their parents' income to see how much is expected to be contributed by the parents. (Doesn't matter if they will - only that they CAN.) There are circumstances in which a child doesn't have to, but from the sounds of it, you won't qualify under those circumstances.

Because the parents are NOT together, they will usually look at the custodial parent's information (and their spouse's if married) to calculate this information. They will include the child support that is received. It won't be four sets of people, only two.

My case landed up a bit different. I was NCP for my college student. Since father refused to file tax returns, we were actually able to switch her to me. I was the only parent she communicates with and I carry her on my insurance. She has sufficient funds on her own to pay her way thru college so she is claiming herself.

 

[TinkerBelleLuvr]

http://www.fafsa.ed.gov/

Hunt around in there for the frequently asked questions. It explains it a bit more.

 

[Rushia]

I think what BL is trying to tell you is that since your son has elected NOT to further his education and since he is working and esp if he has his own place is that at this time you can file to have him emancipated and no longer pay support to his mother.

Further, your son can sue, his mother can sue for the college expenses, it's a tossup over whether or not if they would win. Anyone can sue for anything at anytime, it's a matter of who wins....

 

[ancalagonblack]

Yes, there is a court order for child support. My wages are garnished weekly. They go up every 3 years when the ex files the petition for an increase. We haven't been to court about it in about 10 years, though.

Further, your son can sue, his mother can sue for the college expenses, it's a tossup over whether or not if they would win. Anyone can sue for anything at anytime, it's a matter of who wins....

What factors would influence who wins? My income is around $50,000; combined with my wife, it's a little less than double that. I think my ex's and her husband's finances are similar to mine. I have another child who is in middle school. No one in my or my ex's family ever went to college. My son has average grades.

 

[fairisfair]

No one said you couldn't have CS terminated if he's on his own .

In fact you could , if he's independant , unless you had an agreement , made into an order , then it may not be set in stone .

you are giving incorrect legal advice.

stop it.

 

[fairisfair]

What does that have to do with anything?

Also, are you a lawyer? Your spelling and puncutation are a little lacking (its v. it's, alcohol v. alcohal, incorrectly leaving a space after a period or a comma). If I'm going to get abused, I'd like it to be by an actual attorney. The question of do I have to pay until 21 has been answered. Can we move on? No need to shout or swear at me. I may be dense but at least I'm civil.

In this thread, I asked a question: can a child sue his parents to pay for college? Any lawyers here ever seen such a case be successful? I'd like to get the thread back on topic.

No, BL is NOT an attorney.

you are well advised to listen to Russia, Ginny and Haiku on this thread.

 

[BL]

]you are giving incorrect legal advice.

Really ?

I wasn't going to reply to this thread again , but I would like you to site NY State statutes that support you generalized statement that I'm giving incorrect advice .

You have a poster that ask a theoretic question about college , and includes NY statute about CS until 21 years of age .

The poster evades the question about CS orders until just recently .

stop it.

I'll stop posting to this thread because I'm not getting bamboozled any longer .

Read what was said . My X files every 3 years for a CS increase , but we haven't been to court in 10 years .

All yours , have fun ...

 

[fairisfair]

stop it.[/B]

I'll stop posting to this thread because I'm not getting bamboozled any longer .

Read what was said . My X files every 3 years for a CS increase , but we haven't been to court in 10 years .

All yours , have fun ...

you said

"No one said you couldn't have CS terminated if he's on his own .

In fact you could , if he's independant , unless you had an agreement , made into an order , then it may not be set in stone ."

That is not correct. Sans the child support details being in the order. NY statute takes precedence. He would be required to follow statute regardless of the lack of any agreement or order by the court.

NY statute calls for child support until the age of 21 until legal emancipation.

Period.

That may be what you MEANT to say, but it is NOT what you said.

 

[penelope10]

O.k. I went through the posts and reread them and what seniors and others have said (And please, anyone out there feel free to correct me):

1. You cannot stop paying child support based on the facts given. You have a court order stating CS will be paid until the child is 21. Based on what you have presented in this thread, there has not been a significant enough change of circumstance to prove that you son is emancipated. (Financially independent and living out on his own).

2. You have not been ordered by the court to pay for son's college education. People can choose to sue ANYONE. Doesn't mean they can win in court. So no, Mom can't sue based on how the order stands now. And your son was not a party to the order---the two parties are You and Mom.

 

[ancalagonblack]

BL, I did not evade questions about the court order. I thought I said it several times, in fact. As for not going to court, having child support raised does not require a court appearance-- the ex only has to fill out a paper and send it in, and it automatically goes up by a small amount. I don't know why you think I'm trying to bamboozle anyone. Your hostility is inexplicable to me.

That is not correct. Sans the child support details being in the order. NY statute takes precedence. He would be required to follow statute regardless of the lack of any agreement or order by the court.

NY statute calls for child support until the age of 21 until legal emancipation.

Period.

That may be what you MEANT to say, but it is NOT what you said.

Thank you. What you say is exactly in line with my understanding of the situation. I'm happy that an actual attorney has checked in, because I was starting to get really confused.

As for having him be emancipated... what exactly would that entail? Assuming his mother is not going to cooperate and I don't want to involve him too much if I can help it.

Thanks also to folks who clarified about paying for college. I would help him voluntarily but do not want to deal with a cout order to do so.

 

[Rushia]

1. You cannot stop paying child support based on the facts given. You have a court order stating CS will be paid until the child is 21. Based on what you have presented in this thread, there has not been a significant enough change of circumstance to prove that you son is emancipated. (Financially independent and living out on his own).

NY statute is that CS goes to 21. Actually financially independent, living on his own, and no college ARE grounds to file for a modification. A friend of mine was able to do this just last year to her 18yo.

2. You have not been ordered by the court to pay for son's college education. People can choose to sue ANYONE. Doesn't mean they can win in court. So no, Mom can't sue based on how the order stands now. And your son was not a party to the order---the two parties are You and Mom.

Mom could try to modify if the son was going to school. Trust me around here in NY, grounds for a mod are "the child has more need" and you get a court date. The son himself could sue, but I'm not sure how far that would get him.

 

[penelope10]

BL, I did not evade questions about the court order. I thought I said it several times, in fact. As for not going to court, having child support raised does not require a court appearance-- the ex only has to fill out a paper and send it in, and it automatically goes up by a small amount. I don't know why you think I'm trying to bamboozle anyone. Your hostility is inexplicable to me.



Thank you. What you say is exactly in line with my understanding of the situation. I'm happy that an actual attorney has checked in, because I was starting to get really confused.

As for having him be emancipated... what exactly would that entail? Assuming his mother is not going to cooperate and I don't want to involve him too much if I can help it.

Thanks also to folks who clarified about paying for college. I would help him voluntarily but do not want to deal with a cout order to do so.

Right now you have not given enough proof to show that son is emancipated---now you're starting to sound like a Dad that just wants to get out of paying CS. I'm really not too thrilled with NCPs when they start this discussion, so don't take it personally.

And I don't want to hear any even if situations----Even if son did not go straight from high school to college, even if he doesn't do things the way you think he should, even if you two aren't close, even if Mom is the biggest witch in the world.....

After your son is 21 you can do as you like. Don't give him any money. Will all your assets to the current wife or to the whales---or blow through it while you are alive. Doesn't matter---your financial obligation ends according to court when your son is 21 and not before.