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  • End of child support

    I have 2 children, one is now finished university. She did great and got a job. She's off the payroll so to speak.

    The second one, well he went one year to college, failed quite a bit, is now working and says he will go back to college in January (because the program he is switching to is waitlisted this September).

    Our divorce order contains the following clause as to when child support can end.

    the child becomes 18 years of age and ceases to be in full-time attendance (except for school vacations) at an educational institution provided that the child is not unable to become self-supporting due to illness, disability, education or other causes;

    So, technically, I could end my son's child based on that. My x does not need the money, but she does like to torment me with these payments.

    What are your thoughts?

    If I were to end support based on this, and she'd take me to court, what would a judge think? I think I'm technically in my rights, but I know judges and family law dont appear to be so clear cut.

    Thank you!

  • #2
    is your son responsible enough if you helped him out directly financially?

    Is he back at home with his mom?

    If he's work- I'm not sure why your ex needs child support.

    What was the deal with your daughter- did you pay for the months she lived at home (summer)?

    Comment


    • #3
      Hi,

      He lives at home with his mother.

      I already help him with tuition with his mother. Of course, he has no tuition this September.

      With my daughter, I paid child support throughout the summers, as well as help with her tuitions. I no longer pay child support for her.

      Thanks!

      Comment


      • #4
        Hes not entitled to child support while he is not in school full time. You could advise your ex that you are stopping support until he returns to school.

        Comment


        • #5
          I mean- it would be September - January, unless you don't plan on supporting him beginning in January.

          Is it really worth fighting?

          Comment


          • #6
            I'd love to no longer have to pay support But I am not that mean.

            But a 4 month reprieve would be nice (just under $1K per month).

            Have to think about it, not sure the hassle with the ex would be worth it.

            Comment


            • #7
              Originally posted by leroadrunner View Post
              I'd love to no longer have to pay support But I am not that mean.
              Ending support for a child that is not entitled to support is not mean, it is legal and fair.

              Have to think about it, not sure the hassle with the ex would be worth it.
              Are you with FRO?

              If so, just give her the form to complete on consent to end child support. If she refuses go to court, it won't be hard to win that one.

              If you are not with FRO, just stop paying CS. She won't bring you to court. She is not entitled to that money.

              Comment


              • #8
                Not with FRO, thank god!

                Comment


                • #9
                  Originally posted by Janus View Post
                  Ending support for a child that is not entitled to support is not mean, it is legal and fair.

                  If you are not with FRO, just stop paying CS. She won't bring you to court. She is not entitled to that money.
                  Totally agree with Janus, it's not mean it's fair. If you stop paying CS you may want to put it aside till it's resolved. You never know what will happen.

                  Comment


                  • #10
                    Originally posted by leroadrunner View Post
                    Not with FRO, thank god!
                    Give notice to mom and stop paying. She (mom) is no longer eligible to receive child support based on that clause given he (your son) has turned 18, is not in school full-time and is working.

                    Comment


                    • #11
                      If you intend to discontinue the CS while your son is not in school, at least offer him to live with you half the time. (You donít mention the living arrangements). While an 18 year old may not be legally considered a dependent, it still costs money to house and feed the boy. Make it about him, not your ex.

                      Comment


                      • #12
                        Originally posted by Karma2016 View Post
                        If you intend to discontinue the CS while your son is not in school, at least offer him to live with you half the time. (You donít mention the living arrangements). While an 18 year old may not be legally considered a dependent, it still costs money to house and feed the boy. Make it about him, not your ex.
                        it may cost money to house and feed him but he is working. Mom can charge him room and board if it is an issue. Both my brother and I had to pay something when we got full time jobs.

                        Comment


                        • #13
                          Originally posted by standing on the sidelines View Post
                          it may cost money to house and feed him but he is working. Mom can charge him room and board if it is an issue. Both my brother and I had to pay something when we got full time jobs.
                          Is that the kind of father he wants to be? To require his 18 year old to pay room and board just so he doesnít have to pay support for 4 months? Sounds like a dick move if you ask me.

                          Comment


                          • #14
                            Originally posted by Karma2016 View Post
                            Is that the kind of father he wants to be? To require his 18 year old to pay room and board just so he doesnít have to pay support for 4 months? Sounds like a dick move if you ask me.
                            why shouldn't the son, who is working, show some responsibility and pay his own way? I am sure that the father in this case will help out again IF the son goes back to school. Until that happens, his legal obligations are at an end. Its more of a greedy move to expect CS to be paid when the child is no longer in school and working.

                            He isn't requiring the child to pay room and board. If the mother finds money is tight then she can ask the child for room and board. Nothing wrong with that, it teaches responsibility.

                            Comment


                            • #15
                              Originally posted by standing on the sidelines View Post
                              why shouldn't the son, who is working, show some responsibility and pay his own way? I am sure that the father in this case will help out again IF the son goes back to school. Until that happens, his legal obligations are at an end. Its more of a greedy move to expect CS to be paid when the child is no longer in school and working.



                              He isn't requiring the child to pay room and board. If the mother finds money is tight then she can ask the child for room and board. Nothing wrong with that, it teaches responsibility.


                              I paid rent when I was 18. If things are that tight with him living there then he can pay something or help out in another way. Just because they are split doesnít mean one spouse has to subsidize the other. If he died the life insurance would have covered the mortgage but living expenses would still be there. I have a hard time feeling sorry for people who expect everyone else to subsidize their life. Being divorced doesnít mean having to pay for everything for the rest of your life. We had a parent who paid nothing and the other parent couldnít work. We all paid household expenses and I donít think thatís a bad thing at all. I knew more about mortgages, taxes, utilities and household repair costs than most people in their 20s.

                              Comment

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