When do orders 'expire'?

[mom6399]

Georgia

I'm involved in an interesting conversation with some other divorced parents looking ahead to the near future.

If a decree does not state specifics (i.e. NCP shall claim child A odd years, CP shall pay health insurance for child A and so on and visitation is done) in terms of age or until child A graduates from college etc... are these terms of the decree enforceable after child A turns 18? My argument is no...the terms are no longer enforceable by the decree once child A turns 18 (or otherwise emancipates).

But would a modification to an order that has children B, C and D be necessary in the same way a child support modification order is necessary to remove child A at age 18 and subsequent children as they age out or can it just be assumed that they are no longer a part of the order as they age out at 18?

It would seem to me that either parent could 'elect' to provide health insurance? The minor child tax deduction would no longer be in effect and the adult child would elect which parent to file with if they are in college and using financial aid? And visit either parent if and when they choose?

Thank goodness I only have one...

 

[LdiJ]

Georgia

I'm involved in an interesting conversation with some other divorced parents looking ahead to the near future.

If a decree does not state specifics (i.e. NCP shall claim child A odd years, CP shall pay health insurance for child A and so on and visitation is done) in terms of age or until child A graduates from college etc... are these terms of the decree enforceable after child A turns 18? My argument is no...the terms are no longer enforceable by the decree once child A turns 18 (or otherwise emancipates).

But would a modification to an order that has children B, C and D be necessary in the same way a child support modification order is necessary to remove child A at age 18 and subsequent children as they age out or can it just be assumed that they are no longer a part of the order as they age out at 18?

It would seem to me that either parent could 'elect' to provide health insurance? The minor child tax deduction would no longer be in effect and the adult child would elect which parent to file with if they are in college and using financial aid? And visit either parent if and when they choose?

Thank goodness I only have one...

Its not really that simple.

Visitation ends when the child becomes a legal adult. I believe that is 18 in GA.

Child support ends when state law says it ends. In most states that is high school graduation or age 19, whichever comes first. In Georgia it can go to age 20 if the child is still in high school.

Most parents would not take their child off of their insurance until the law requires them to do so or the child has a job with coverage. They prefer to see their child covered.

If the child is in college and child support is no longer being paid I suppose that the child could elect who to live with, and any tax exemptions/deductions/credits would belong to the parent with whom the child lives. The child cannot "chose" who gets the exemptions/credits however.

When one child ages out of child support it would be up to the payer of support to take it back to court for a recalculation. However, a smart parent would find an online calculator and run the numbers first if their income has increased since the child support order was made. I have seen MANY parents who filed for a modification because one child aged out, only to find that their child support INCREASED instead of decreased.

 

[mom6399]

Thank you

Thank LdiJ,

Makes perfect sense. But are the conditions of the order that apply to the 'adult child' still enforceable by the order once the child 'ages out' by law? For instance with your example with the tax exemption, the child still 'lives' with the prior CP when not at college, but prior NCP had tax exemption for child in odd years per the order. Would the order still apply and prior NCP still be entitled to that exemption per the order or are those orders done and over? And does a modification need to be filed to make that change to the existing order if other minor children are still in the queue?

 

[LdiJ]

Thank LdiJ,

Makes perfect sense. But are the conditions of the order that apply to the 'adult child' still enforceable by the order once the child 'ages out' by law? For instance with your example with the tax exemption, the child still 'lives' with the prior CP when not at college, but prior NCP had tax exemption for child in odd years per the order. Would the order still apply and prior NCP still be entitled to that exemption per the order or are those orders done and over? And does a modification need to be filed to make that change to the existing order if other minor children are still in the queue?

Only if the NCP was still paying child support. Once child support ends, the right to claim the child on odd years ends as well. The only reason that the NCP was receiving the exemption for the child on odd years was the fact that they were paying child support. Its also possible that the CP could not claim the child any longer either, if the child is also working and providing more than 50% of their own support. However, if they are not, the CP is the only person who can claim the child.

 

[mom6399]

Thank you for teaching me today, LdiJ.

 

[LdiJ]

Thank you for teaching me today, LdiJ.

You are welcome.