College and Child support

[DizMom11]

I hope this is OK to post here. It is budget but legal related. I receive child support for my son (and 2 younger kids). My oldest is going to college in the fall. Does anyone have experience with how paying for room and board at a college affect child support? His father and I will be paying for college pro rated according to our salary, but how does that usually change child support?
Thanks.

 

[Lisa loves Pooh]

That would depend on what your decree says.

In some places, child support stops at 18, in others it continues through college.

Also--in some cases, the college is the new support and in others it does not take the place of child support.

It is really something you should check with your attorney b/c we do not have your decree.

 

[tiredsigh]

I agree with the PP. CS laws are different in every state and your divorce/CS decree(s) will be unique as well. This is something that paying for an hour of your attorney's time would be well worth it.

 

[southtexasmom]

What do your divorce papers say about child support and college?

My divorce papers say child support ends when my children trun 18, DS will be 18 next week, my ex-dh said he would pay child support until DS graduates from high school in May.

 

[Joyful3Heart]

ditto, ditto, and ditto,
Every state has different laws and your divorce decree would trump any statute because it is an enforceable agreement between two parties. In PA, child support stops when the child either turns 18 or graduates from high school...whichever comes later. However, if the child is going to college or has a disability which renders them still dependent, the court order can continue until such time as they are capable of being emancipated (yes, even lifelong). This is not automatic, the person receiving the support must apply for an extension and document reasons why. I agree that an hour at an attorneys office would be time and money well spent.
Good Luck

 

[cheermom1]

I agree as well to talk to your attorney...as a side note in the state I am in paying for college is between the parents and the state will not make either party pay unless they both agree they will pay...although my opinion is that college is something that the parents should CHOOSE if they want and can pay for it...I know in our case as we have 5 kids and there NO way we can pay for college just isn't happening, didn't stop ex from trying though. she didn't win...we will help them out if we have the money but that is all we really can do.

also my opinion is that anyone who thinks that the one that is paying CS SHOULD pay for college or to keep paying SC is mean and just wants money!!! putting flame suite on here but yes this is how I feel and I see both sides of this as I have 2 kids with my ex and I DO NOT expect him to continue to pay CS nor do I expect him to pay for college unless he feels he should. just not right to force anyone to pay for college...

 

[lillygator]

it would depend on your decree. Does it say through college? and on an aside, can one go back and amend that?

 

[tiredsigh]

it would depend on your decree. Does it say through college? and on an aside, can one go back and amend that?

Each state has different rules for when you can take the other parent back to court for child support modifications. Amendments to the decree are dependent on state law as well.

 

[pilesoflaundry]

I think he has to live at home full time and you are paying for 50% or more of his schooling.

It stops at 18 in the state my stepson lives in unless there is a legal decree in place before the child turns 18. The reason is the state said they can't force married couples to pay for college so they can't force a non-custodal one to either. I know NJ it's mandatory from what I hear. Each state is different.

I wouldn't mind giving my stepson money to help him out or paying for his books but not full child support anymore. We aren't paying for our kids together to go so that's pretty fair.

I know as the stepparent my opinion is not always the one people want to hear though .

 

[cheermom1]

I think he has to live at home full time and you are paying for 50% or more of his schooling.

It stops at 18 in the state my stepson lives in unless there is a legal decree in place before the child turns 18. The reason is the state said they can't force married couples to pay for college so they can't force a non-custodal one to either. I know NJ it's mandatory from what I hear. Each state is different.

I wouldn't mind giving my stepson money to help him out or paying for his books but not full child support anymore. We aren't paying for our kids together to go so that's pretty fair.

I know as the stepparent my opinion is not always the one people want to hear though .

I have the same opinion and I know that most of the time mine is what most people don't want to hear either. But Like I said I have kids from my ex as well and I do not expect him to pay cs while they are in college or pay for college for our kids. You are right if you can't force married couples to pay for college why force any parent to pay? Plus I feel as though that people who want to go on to college ARE legal adults and need the since of accomplishment, that is so much better for them than having someone pay for everything. It teaches them so much more other wise...

 

[DCbride]

My ex pays for 1/2 tuition and 1/2 room and board for DS. When that started he stopped child support (which in NJ goes until 23) But during the months that DS is home (Jan/Jun-Aug) he does pick support back up. As pp stated, that is in our divorce settlement.

 

[DizMom11]

Thank you all. I just wanted to get a general idea from anyone who has had a similar experience, before going forward. I find talking it out with others helps.

 

[deerhart]

It may not be found in your judgment, but rather in your parenting plan. If your parenting plan is silent on the issue (continuation of child support), then it will go by state law. Here in Missouri, so long as the child is enrolled in higher education AND supplies documentation of the enrollment, classes taken, and grades to the parent paying support, that parent is on the hook for both what the parenting plan says for college costs AND child support until the child turns 21. Education costs usually end after 8 semesters (whether done or not) If the child is away at school, the parent can choose to pay the support directly to the child and then back to the parent in the months the child is at home.

I have seen parenting plans that require the parent to pay room and board on campus OR the cost of an off campus apartment including utilities in lieu of child support.

So don't just read the judgment/decree also read ALL the other supporting exhibits (settlement division, parenting plan etc) because the details are usually in those exhibits rather then in the decree/judgment (which has more of an overview/main points usually)

 

[donnabc]

Yeap varies state to state and depends on what your child support order says. We paid child support for my step daughter until she was 18. She attends college and we have helped her (paid for books, moved her in with us when her mom decided 1 day before school started she would not pay for dorm, even gave her a car to drive last year) but LEGALLY it was not required.

 

[DizMom11]

It may not be found in your judgment, but rather in your parenting plan. If your parenting plan is silent on the issue (continuation of child support), then it will go by state law. Here in Missouri, so long as the child is enrolled in higher education AND supplies documentation of the enrollment, classes taken, and grades to the parent paying support, that parent is on the hook for both what the parenting plan says for college costs AND child support until the child turns 21. Education costs usually end after 8 semesters (whether done or not) If the child is away at school, the parent can choose to pay the support directly to the child and then back to the parent in the months the child is at home.

I have seen parenting plans that require the parent to pay room and board on campus OR the cost of an off campus apartment including utilities in lieu of child support.

So don't just read the judgment/decree also read ALL the other supporting exhibits (settlement division, parenting plan etc) because the details are usually in those exhibits rather then in the decree/judgment (which has more of an overview/main points usually)

WOW! Thank you Deerhart! That is great information -just what I was looking for.

 

[lillygator]

It may not be found in your judgment, but rather in your parenting plan. If your parenting plan is silent on the issue (continuation of child support), then it will go by state law. Here in Missouri, so long as the child is enrolled in higher education AND supplies documentation of the enrollment, classes taken, and grades to the parent paying support, that parent is on the hook for both what the parenting plan says for college costs AND child support until the child turns 21. Education costs usually end after 8 semesters (whether done or not) If the child is away at school, the parent can choose to pay the support directly to the child and then back to the parent in the months the child is at home.

I have seen parenting plans that require the parent to pay room and board on campus OR the cost of an off campus apartment including utilities in lieu of child support.

So don't just read the judgment/decree also read ALL the other supporting exhibits (settlement division, parenting plan etc) because the details are usually in those exhibits rather then in the decree/judgment (which has more of an overview/main points usually)

what is a parenting plan? does every state require one?

 

[livie1205]

My ex would never help with more school! I am doing good to get the little child support I am getting and I had to have a judge threaten to throw his butt in jail for him to do that!

 

[haley's mom]

This thread has me thinking.....

My DSD will turn 18 in November and graduate June 2011. We live in PA. There is no parenting plan.

Anyone with experience in PA, how does this work? Does DH have to file an amendment with Domestic Relations to lower support?

What will the courts look at to include support through college? Finally, what happens if DSD goes to college and does very, very poorly? Will courts take grades and attendance into consideration?

 

[deerhart]

WOW! Thank you Deerhart! That is great information -just what I was looking for.

No problem at all. Since I write family law judgments ALL the time (and parenting plans, and separation agreements etc..) I know what we do and don't put into those judgments. That is because the judgment will reference both the parenting plan and separation agreement as exhibits and thus incorporate everything in those documents into the decree.

As for modifying a decree. Generally you can modify any part of a decree that allows for modification. With a parenting plan, that is usually everything, though there may be requirements for when modification is appropriate. For example, here in Missouri, it is automatic justification (meaning you do not have to prove why child support should be modified) for a modification of child support if child support will change either up or down by 20%. If its less then 20%, you have to prove to the court why it should allow a modification. Also there may be different rules on modifying custody based on whether you have joint physical or sole physical custody.

Finally, you will run into some things that aren't modifiable. These are generally things like the division of assets and debts. Also, maintenance (alimony) can be both modifiable and non-modifiable (both if it is and isn't ordered).

When your dealing with young children (usually 10 and younger) we generally do not write in college costs because there is just way to much unknown AND the likelihood of the parties modifying the parenting plan sometime between the decree and the child going to college is really high (usually adjusting child support). Since its so much faster to change child support through the courts then through administrative hearing (as they often do not give all the right credits), people generally hit the college costs closer to the child actually being in college.

I have written a few that require each parent to put a certain amount of money in a savings account or 529 plan each year as a way of dealing with future college costs (which reverts back to the parent who paid in if the child doesn't go)

 

[DizMom11]

That's a great idea about making each parent put money in a 529. It's also good to see that there are options as circumstances do change over time. I certainly have my homework cut out for me.