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Financial Issues This forum is for discussing any of the financial issues involved in your divorce.

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Old 11-22-2016, 11:04 AM
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Default Child Support Question

2 kids and paying 1.5k.
If one moves back in with me to go to Uni, does that make my payments zero?

I read our agreement and it simply states that support would continue up to 23 years old IF they are still enrolled at a school.

I don't expect anything close to a fair deal but am I expected to pay support for a child living with me?
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Old 11-22-2016, 11:21 AM
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Split custody of two kids uses offset for one kid. If your income is higher, then you would pay support, but less.
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Old 11-22-2016, 11:24 AM
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Yes and no.

Is this temporary during school months? Are you with a maintenance/enforcement agency? Is your ex reasonable?

Technically if one child is living with you permanently then no child support is owed. If kid will be living with you just during the school year then you may have to pay for the months kid isnt with you.

Have you talked to your ex? Is this question because ex is pushing back that they still need cs? Need a few more details...
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Old 12-06-2016, 05:36 AM
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Rockscan and Janus have given you good advice.

The first thing to know is if this is just throughout the school year and then the child lives with your ex during the summer. This was my situation and at trial, the Judge agreed with me that I should pay support for 1 1/3 children.

If the child is living with you on an ongoing basis (even during the summer) then I agree with Janus assessment. You pay child support on one kid and she pays child support on the other kid and the difference (offset) is what you pay on an ongoing basis. I'm assuming you earn more.
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Old 12-06-2016, 02:11 PM
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Just to be clear, split custody is different than shared custody. The above situation is split custody, and I think that offset is actually settled law in that case. Certainly not correct law, but settled.

Shared custody is entirely different. That is still the wild west of family law.
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Old 12-07-2016, 05:02 AM
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Morning;

Interesting.

I was told that once the child goes to university, CS ends while in University. The money would go to costs associated with living at university. A dorm/apartment etc. If the child comes back in the summer, splits time, CS starts again. (50/50)

Also, my agreement is their first degree. I.e. a B.a/Bsc etc. You enter at 17 leave at 20. You can finish and undergrad in 2 1/2 years if you actually want to.

Personally, I don't mind paying for the costs associated with university as I believe it's essential.

But CS to the mom while away at school. Wasted money on clothing, riding boots etc.
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Old 12-07-2016, 08:22 AM
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Quote:
Originally Posted by North of 40 View Post
I was told that once the child goes to university, CS ends while in University. The money would go to costs associated with living at university. A dorm/apartment etc. If the child comes back in the summer, splits time, CS starts again. (50/50)
CS covers a couple of thing:

  • Shelter
  • Food
  • Clothing
  • Activities and Entertainment (though some people like to believe that CS doesn't actually cover activities)
While the child is away at university, some costs go down (food and activities). The cost of shelter and clothing however is not reduced in the slightest. So, while it might be reasonable to reduce CS while the kid is at university, it would be unreasonable to stop it completely.
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Old 12-07-2016, 08:57 AM
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Some agreements say differently. Some court decisions say differently. It all depends. As my partners lawyer explained it--their agreement states it isnt paid and my partner is not responsible for his ex's inability to live within her means. I will point out though that she makes double what he does. He still pays cs four months of the year and his portion of living expenses is slightly higher than his cs amounts.
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