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Old 02-01-2013, 12:14 PM
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Leviathan Leviathan is offline
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Default CS question

Both my kids (19 and in University) want to move out and in with friends.

I beieve I know the proper answer here but figured I'd throw it out here anyways.

can I start paying the kids directly (CS) or do I have to take the ex (common law) to court and put forward a motion to get this all started??

Thanks...
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Old 02-01-2013, 01:26 PM
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Child support is really recipient support.

As such, you have no right to pay recipient support directly to the child, because the support is explicitly for the recipient to use as she sees fit, which may or may not be for the benefit of the child. If people stopped calling it child support, it would resolve much of the confusion that surrounds this issue.

Of course, if they are not living at home, you may be able to stop paying recipient support. Go to court, and tell your kids that you will pay them directly if you win. Your ex is about to be kicked off the money train, she probably won't go willingly
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Old 02-01-2013, 01:39 PM
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Quote:
Originally Posted by Janus View Post
Child support is really recipient support.

As such, you have no right to pay recipient support directly to the child, because the support is explicitly for the recipient to use as she sees fit, which may or may not be for the benefit of the child. If people stopped calling it child support, it would resolve much of the confusion that surrounds this issue.

Of course, if they are not living at home, you may be able to stop paying recipient support. Go to court, and tell your kids that you will pay them directly if you win. Your ex is about to be kicked off the money train, she probably won't go willingly
yes I've heard this side of the coin to...they're almost finished univ to begin with and I figured if they move out, I'm able to stop paying the ex CS.

of course I'd continue to help the 2 children out by giving them the $$ until they're done univ. (2 years left in a 4 year course) I find that it's the least I can do really.

both children have financed themselves thus far through univ.
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Old 02-01-2013, 07:00 PM
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If they have their own permanent residence then they are no longer in the physical custody of the mother, even if they are still in school and considered children of the marriage.

If they don't live with mum, then why would they not be considered living with dad? If they can live with mum even though they don't reside with her, then why does the same not apply to dad? At minimum, it should be considered a 50/50 arrangement.

I would say this only applies if they have changed their address with the school, their banks, their driver's licenses, etc. It has to be shown that they now have their own residence, not just claimed.
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Old 02-01-2013, 07:22 PM
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Quote:
Originally Posted by Leviathan View Post
of course I'd continue to help the 2 children out by giving them the $$ until they're done univ. (2 years left in a 4 year course) I find that it's the least I can do really.

both children have financed themselves thus far through univ.
You haven't been paying sec7 expenses for tuition in addition to your cs for the last 2 years?
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Old 02-02-2013, 05:04 AM
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Quote:
Originally Posted by Mess View Post
If they have their own permanent residence then they are no longer in the physical custody of the mother, even if they are still in school and considered children of the marriage.

If they don't live with mum, then why would they not be considered living with dad? If they can live with mum even though they don't reside with her, then why does the same not apply to dad? At minimum, it should be considered a 50/50 arrangement.

I would say this only applies if they have changed their address with the school, their banks, their driver's licenses, etc. It has to be shown that they now have their own residence, not just claimed.
Thanks Mess...some thoughts I should obviously consider
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Old 02-02-2013, 05:11 AM
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You haven't been paying sec7 expenses for tuition in addition to your cs for the last 2 years?

Yes Mcdreamy, I've contributed to quite abit of their expenses (I have helped towards their education) I have them covered under my health plan here at work..I give them an allowance, colthing, extracurricular activitie expenses, etc..

mom on the other hand...

My main question out of all this Mcdreamy was do I continue giving the ex the CS if the kids move out on their own..I've heard yes, Ive heard no...I wasnt quite sure
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