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Thoughts on child support

Discussion in 'Community Board' started by can'tgetenufofwdw, Jan 10, 2013.

  1. can'tgetenufofwdw

    can'tgetenufofwdw Mouseketeer

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    Just looking for opinions, not a debate.
    If a child (18 1/2 yrs) is not attending college, has a job making $11 an hour with a 401k, health benefits and paid vacation days..... should the parent whom he or she does not live with be paying support???? State law says until 21 but he/she is virtually self supporting. What do you think would happen in court???????????????????? Anyone have any experience with this kind of thing?
    Technically the child is not living with dad but with grandparent in grandparents house. Dad happens to live there too.
     
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  3. Janepod

    Janepod <font color=royalblue>The new dinning plan is out.

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    In New York, child support will still be ordered. Lots of experience with this in my husband's family.
     
  4. burnurcomputer

    burnurcomputer DIS Veteran

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    Well, if Dad has that as his legal residence(aka mail address) he DOES live there. I can see support being ordered if the court was approached because the legal parameters say untill 21, against the Mother.
     
  5. SondraC

    SondraC DIS Veteran

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    If the law in that state is until 21 then it will probably stay like that. Most states are not until 21. I think it's wrong until age 21.
     
  6. DisneyNutMary

    DisneyNutMary DIS Veteran

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    I know the laws are constantly changing, but my DH had wording in his divorce papers that if his son became emancipated before the age of 21, then the child support would stop. Emancipated was defined as: not enrolled in school, joins the military, gets married, has a child or obtains a full-time job. The wording was based on the laws at the time the divorce became final.
    My DSS graduated college a few months before his 22nd birthday, so my DH paid until that birthday.
     
  7. Lorelei Lee

    Lorelei Lee DIS Veteran

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    The law says until 21 unless the child is deemed emancipated. Hard to prove when the child lives in the family home.
     
  8. mfd25wife

    mfd25wife DIS Veteran

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    Regardless, of how it seems like it should be, if the law says 21, it's 21. Right or wrong, it doesn't really matter how much the child works. Child Support is to pay for the housing, food, etc. that are considered needs. The child working never comes into question. In AR, it is 18 or graduation from HS, whichever is later. I've known people who were paying child support for kids that spent almost all the time with them. However, due to knowing the ex only wanted the money, would rather pay the money and have the child staying with them and happy.
     
  9. Robbi

    Robbi DIS Veteran

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    Dad's sperm = dad's son = dad has to follow the law.
     
  10. mfd25wife

    mfd25wife DIS Veteran

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    I may be wrong, but I think you stereotyped. This sounds like Mom's egg=mom's son=mom has to follow the law. I think the OP mentioned dad lives with parents and child lives in same house.
     
  11. allison443

    allison443 DIS Veteran

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    I don't understand your last sentence...they actually do live together right? In the grandparents' house? :confused3

    Also, I would ask if $11/hour is enough to be self-supporting? Around here it would definitely not be. Is the kid living rent-free? That's not self-supporting.

    You're asking for opinions on what-whether dad should follow the law or whether the law is fair?
     
  12. can'tgetenufofwdw

    can'tgetenufofwdw Mouseketeer

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    If poverty level is considered $10,830 for one person. Child is making 22,880 a year for himself. Wouldn't that qualify as the ability to self support? If a parent chooses to let the child live rent free, should the other parent have to "pick up the slack" and help ex pay his/her mortgage/rent?
     
  13. MomRN

    MomRN DIS Veteran

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    I was 16, living on my own working full-time and going to high school, and my dad still paid. Makes me angry to this day and a small part of the reason I have cut ties with my mother. When I graduated high school and enough was enough, she could have signed a paper... but instead, essentially forced me to quit college and get legally emancipated at 18 so the child support would be done (my dad told me I didn't need to do that...several times.. but I was fed up with her draining whatever she could from whoever she could).

    Is it fair. No. Is it the law? Yes. The only option is for the child to get emancipated.
     
  14. allison443

    allison443 DIS Veteran

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    Are you still talking about the situation in your OP? The child is living with grandparents you said, not the other parent. Is the kid giving the other parent part of the child support? :confused3
     
  15. DawnM

    DawnM Dawn

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    That is up to the courts to decide. It makes no difference what we think.

     
  16. happygirl

    happygirl DIS Veteran

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    :thumbsup2
     
  17. allison443

    allison443 DIS Veteran

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    How is it even possible for a 16 year old to live on their own, work full time and go to high school? Seriously, that's a terrible situation for parents to put their child in, in my opinion.
     
  18. can'tgetenufofwdw

    can'tgetenufofwdw Mouseketeer

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    Yes still talking about same situation. Child is living under grandmas roof with dad. Dad is getting divorce #3 as we speak. Child is not giving grandma or dad any $ towards mortgage.
     
  19. mfd25wife

    mfd25wife DIS Veteran

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    You have to look at it as the courts would see it based on current law. It makes no difference what seems right in someone's eye's. The judge, the court, only sees what the law demands.
     
  20. disneymarie

    disneymarie <font color=blue>Its a rumour about the donuts...<

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    "In New York State, a child is entitled to be supported by his or her parents until the age of 21. However, if the child is under 21 years of age, and is married, or self-supporting, or in the military, the child is considered to be "emancipated" and the parents' support obligation ends.

    A child may also be considered "emancipated" if he or she is between 17 and 21, leaves the parents' home and refuses to obey the parents' reasonable commands."
     
  21. allison443

    allison443 DIS Veteran

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    Why would anyone give dad money? It's grandmas house not dad's. Who is supposed to be paying the child support? Mom or Dad?
     

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