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Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

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Old 04-15-2010, 03:36 PM
stepping stepping is offline
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Default Support to 18yr old when no longer living at home

My husbad has legal sole custody of his 18 year old daughter who has not yet graduated from high school. She left home voluntarily last year (after lying/steeling/violence), however was not permitted back in the family home due to trust issues as well as violence and death threats against me. She is currently living with her maternal Grandparents and we pay them room and board.

At what age does my husband no longer have to pay room and board, or are is he obligated to now? There is no agreement in place, it is only a verbal agreement that he agreed to for her to live with them and go to school. Prior to living with them she was boarding with her boyfriends family.

Now that she is 18, it is likely she will move out on her own, and I'm not sure if she will continue with school. She has one year left if she is able to pass this year, and she will continue with high school co-op.

At what point can my husband stop payments. At what age is she considered an Adult. Are there other programs she is elligible for? She also has a job and will likely work full time during the summer.

I haven't been able to find any information, as this case is unique. My husband was never married to the mother, he had full joint custody up until early childhood and then sole custody after that. Her mother has never paid any support, and he now pays room and board to her grandparents (who have also threatened to kick her and and basically said she has to re-evaluate her living situation at the end of the school year).

Any advice is appreciated.
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Old 04-15-2010, 06:25 PM
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blinkandimgone blinkandimgone is offline
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I don't think that's called child support, I think that's called 'a free' ride'. She's an adult at 18 and clearly able to work as you've said she has a job. If she's going to school then she can either work to pay her way through it or apply for student loans like everyone else.

The other option would be she straightens herself out, makes amends and moves home for family support. Not likely but could happen.

Aside from that I don't believe there is any law anywhere that says he must pay for her to live with her grandparents. I could see him opting to pay the grandparents rather than the mother if the daughter was living with her mother and moved in with the grandparents and he diverted child support payments that way, however he wasn't paying anyone child support before and shouldn't be forced to now simply because she chose to alienate herself from the family home.

Who told him in the first place that he was obligated to pay support for her at 18 when she voluntarily moved out?
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Old 04-16-2010, 09:43 AM
CISTEAD CISTEAD is offline
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Ummmmmm, I would think that your husband not only is no longer obligated to pay room and board, (child support). But should not as it seems his 18 year old is taking him for a ride, just like maybe her Mom did by not paying any child support to your husband.
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