part time student?

[stressedstepmom]

My stepson lived with my husband and I for 7 years. There was a court order granting us joint custody and we agreed to his mother paying us $100/month, well below what would have been required by the guidelines. She agreed to the joint custody and his primary residence was with us.

When my step son went to highschool, he chose to go and live with his mother. We agreed to pay her $500/month in child support. My husband makes $73, 000/year, so this amount was also below the guidelines, but that is what they agreed on given the small amount that she paid us for 7 years. They wrote up a written contract stating support would end when he was 18 or no longer a student.

My step son is now almost 19 and is in his 5 th year of highschool. He has informed us that he is not going to apply to college as he originally had planned. He wants to return to highschool next year and do ONE more course. This will be completed in the first semester. The second semester, he will "take off". He has never had a part time job and refuses to get one. He then would like to apply for university for the following September.

I am wondering:

1) Can we stop child support payments next year when he goes to school for only one course (he could, potientially, work full time)?

2) Would we be required to restart payments if he were to attend full time university after taking 6 months off?

We have money aside for his schooling and would be willing to help with this but have a strong suspicion that his mother is encouraging him to return to highschool and to remain unemployed, so she can prolong child support payments.

Any ideas?

[Mess]

Was the original court order ever altered? It sounds like it is still technically in effect, then you had a less formal agreement, albeit written.

If this is so, she cannot enforce the court order. It really should have been updated, but you were both fine with it. She has nothing to enforce to make you pay child support. The child is not in full time school anymore, so the Family Law Act does not require you to pay support any longer. If she wants support she will have to go to court and basicly start from scratch, and she doesn't have a case. If she had an existing court order for her having custody and you paying support, it would be easier for her to keep it in force, for a while at least.

If it were me I would double check with an experienced divorce lawyer. I would probably end up sending her a registered letter indicating that the child is no longer in school and is an adult and child support will cease in 30 days. I would keep it polite and invite her to provide any explanation for why support should continue. I would be sure to get that in writing. For example if her response is, "He is still in school part time" that would be a good thing to have in writing, the fact that it is part time.

[stressedstepmom]

The original court order (the court order giving my husband joint custody and having her pay $100) was not altered.

When my step son decided to live with her, we called our lawyer and he said not to fight it because my step son was now 14 and was able to make that decision. Our lawyer told us to let her come up with a CS # and if it's less than the guidelines, to draw up a contract, have it witnessed and keep it out of the courts. Going to court would only have benefitted her.

She's is ALWAYS threatening to sue us (but never has, mind you). My concern is if we stop child support (because he is a part time student) and then she forces him into full time school, she will sue for support and we'll be a lot worse off (ie having to pay more in accordance with the guidelines).

Can support be re-started if he enrolls in full time school (after being in part time school)?

Thanks for your reply!!

[Mess]

You won't have to pay while he is not in school. If/when he returns to school full time then you would have to resume CS payments. If I were you I would tell her that you will do exactly that. A lawyer will tell her the same thing and it would be pointless for her to go to court. When/if he returns to school you tell her you will resume paying CS voluntarily. If she takes you to court she will be responsible for your costs since you are completely fulfilling your obligations under the law.

So it's up to you, you keep paying support for a year (at least) and possibly you are encouraging him to be a slacker, or you cut them off until he returns to school full time. If you are unclear then you need to get an hour consultation with a lawyer.