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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 10-14-2010, 03:38 PM
szepj1 szepj1 is offline
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Default Child support after child has completed high school

This may already be covered here but when I did a search under the above criteria, I came up with 500 hits. Call me lazy, but after going through about 50 of them, I decided on a more direct approach.

My son's due to graduate from high school next year. There are, as I can see it, a number of possible scenarios:

1.) he goes on to attend university in the same city and continues to live with his mother, the custodial parent, about 1/2 the time -or-

2.) he goes on to attend university in another city -or -

3.) he takes a year (or more) off from school and looks for work.

In scenario 1.), I would not have a problem with the continuance of the CS. I also have money set aside in the form of RESP's (none of which have been contributed to by my ex). It would be my position however that, as I'm continuing to pay CS, would any extra over and above that and the amount from the RESP's not come from my ex?

In scenario 2.), could I not re-direct the CS to an account that is accessible only by my child and myself, in a joint arrangement? I may know the answer to this one; only if agreed upon by my ex which is not likely.

In scenario 3.), would the CS not stop as soon as:
a.) his high school attendance ends and he makes no motion towards starting university -or-
b.) his high school ends and he finds work.

In the case of scenario 3.), if I make the motion to terminate the CS based on the fact that he is now or will soon be working, can my ex decide to enforce the payments under the guise of spousal support? I do not believe that anywhere in our divorce agreement has the term spousal support been formerly address; the amount that I am to pay [and have failthfully done so for about 15 years] has always been referred to as CS.

Further in scenario 3.): am I liable for the CS until he gets a job, if he continues to live part time at his mother's?
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Old 10-14-2010, 04:57 PM
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rustedinnocence rustedinnocence is offline
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i can't help you with all of it but i can with some of it...
once a child is 18 and not enrolled in school, whether or not they have a job, you are no longer resonsible to pay child support...
You HAVE to filter the funds through their mother unless their mother agrees to you depositing the money into the students account...
...if you were legally married (not common law), I believe your ex has a right to TRY and seek spousal support (there is no time limitations) but it is NOT the same as child support and she would have to start a claim for spousal. Seeing as so many years have passed without her ever claiming spousal, you'd have a good case to fight it, i would think.... but I'm no lawyer.... maybe someone else knows more.
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