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njpatetta
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Reged: 08/23/11
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Child Support Question and College
      #760394 - 08/23/11 10:47 PM

Looking for any case law in NJ or any state on a situation like the following: My daughter does not live with me nor her mother for over 4 years now while in college. She is 23 and has been attending college. SHe does not live in a dorm. Her Mom will not let her live with her and she does not want to live with me. She prefers to live on her own in her own apartment. I am still ordered to pay 819.00 per month in child support which still goes to my ex-wife and the ex-wife gives only 600.00 of that to my daughter towards her apartment rent. My ex-wife pays nothing in child support nor college expenses. I filed a motion to at least get her to pay some support or have the support go directly to my daughter. After paying almost 3,000.00 to an attorney the Judge orders us to do discovery. I have run out of money and will have to fight her Pro Se. ANyone know of such a case or any case law on this so I have some ammunition in this case. I know NJ is one of the most liberal states in the country but one would think they would make my ex pay SOMETHING as both parents have the duty to support unemancipated children and also why should my ex be allowed to still receive the support checks when my daughter has not lived with for more than 4 years now? Also getting the support checks to distriubute as she sees fit. Any help would be appreciated. Thanks.

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Robert_Nowak
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Re: Child Support Question and College [Re: njpatetta]
      #760435 - 08/24/11 05:37 AM

Why are you paying child support for a person who is 23?

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youngatheart
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Re: Child Support Question and College [Re: njpatetta]
      #760441 - 08/24/11 08:19 AM

23 is not a child. WHY are you still paying child support?

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njpatetta
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Re: Child Support Question and College [Re: youngatheart]
      #760445 - 08/24/11 08:56 AM

I live in NJ. I have tried to get it stopped but Judge will not stop it. In NJ a child is not emancipated until they stop going to college. I know of a man who had to pay child support for his son u ntil the age of 30 because his son kept going to college for gaduate studies until 30 years of age and he was not emancipated by the NJ courts until he stopped going to college. You can check it out. NJ has the most liberal (or f***** up) laws in the nation when it comes to emancipating a child. More like the welfare state. How does that teach a child to be independent. Stay far away from NJ for your own good.

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hanzblinx
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Re: Child Support Question and College [Re: njpatetta]
      #760459 - 08/24/11 10:24 AM

By that logic any parent in the state of NJ should be held in contempt of court for failing to make college payments. How can they force you to, but not the rest of the population. My parents are happily married, my dad is a dentist making close to $200K/year and he didn't give me a red cent for college. I worked and got loans. I don't get your state. According to your state my dad should be in contempt for not paying my college. Ridiculous.

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DedicatedDad
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Re: Child Support Question and College [Re: hanzblinx]
      #760461 - 08/24/11 10:32 AM

From what I've read, NJ often orders both parents to pay, but the NCP is the only one that is ever prosecuted for contempt for non-payment.

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njpatetta
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Re: Child Support Question and College [Re: hanzblinx]
      #760462 - 08/24/11 10:36 AM

Well, they rationalize it here in NJ by saying, I am not paying for college, I am paying child support and child support does not stop until your daughter graduates from college. She is STILL an undergraduate after 5 years going on 6 and 23 years old. This is the state of the dependent and irresponsible. Just think about it, you have your Dad paying for your apartment via child support payments, your Mom pays nothing except for what she received from the Dad and you get loans and grants from the government to continue your education as long as you want and your child support continues as long as you stay in college. Great deal isn't it? I would have never done anything like that to my parents or parent if they were divorced. They could not afford my college education. I borrowed the money via student loans and paid back every penny when I graduated. NJ is a really, really messed up state. That is why is has nicknames like the armpit of the nation and the SOPRANO state. It is right on..Stay far away from the state of NJ...I make between 75K and 90K. Her Mom who pays nothing so far( I am trying in COurt so far unsuccessfully to make her pay something as my daughter lives on her own, in her own apartment)makes 55K.

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LexieBelle
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Re: Child Support Question and College [Re: Robert_Nowak]
      #760464 - 08/24/11 10:50 AM

You're a NY lawyer, isn't that kinda a dumb question?

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Cassie23
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Re: Child Support Question and College [Re: LexieBelle]
      #760467 - 08/24/11 11:42 AM

I don't know if this is another NY vs. NYC issue, but under the NYS DCSE CS in NY state is only paid until the age of 21. There is nothing about it be paid longer if the child is a FT student in college or that college expenses are paid past 21. From what I have read CS can be continued past 21 if both parents express agreement to do so. In NJ there is case law citing that CS is paid after the age of majority if the child is in college. As a CP now in the case of a child with a FT college student, CS will be paid by BM only until the age of 21.



NY---
N.Y. Do . Re. Law 240(1-b)(c )(7) provides that the court may award educational expenses, such as for college or private school or for special enriched education. A parent may not, however, be directed to pay child support and/or contribute toward college education expenses for a child who is 21 years of age or older absent express agreement to do so. See Setford v. Cavanaugh, 175 A.D.2d 665, 572 N.Y.S.2d 591 (1991).

NJ---
Newburgh v. Newburgh, 88 N.J. 529, 443 A.2d 1031 (1982) held that the court has jurisdiction to award a payment of support and expenses of a child attending college even though the child has reached the age of majority.

There is some case law cited here for each state:

[censored]://[censored].rbs2.com/son_edu.pdf


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LexieBelle
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Re: Child Support Question and College [Re: Cassie23]
      #760471 - 08/24/11 12:10 PM

I'd question this.. the language in ex's first order, which was way after 1991, had specific (and apparently standard) wording continuing child support to age 22 if child was in college. I would have to check mine but I believe it is the same.

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Cassie23
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Re: Child Support Question and College [Re: LexieBelle]
      #760473 - 08/24/11 12:23 PM

I read specifically that there was case law after '91- I think '94...

We were told we could get college expenses ALONG with CS, but only to the age of 21 unless agreed to by both parents.

njp---

Everything I find seems to point to the fact that in NJ CS ends at "emancipation", but emancipation means that the child is self supporting. A FT college student is not self supporting. In general- emancipation may occur upon a child reaching majority, upon the child's graduation from secondary education, upon the child's entry into the armed forces, upon the child's marriage, upon the child's graduation from post secondary or even graduate school, or at any other time that the Court believes the child is expected to be self-supporting.

Does your original divorce decree/CO mention leaving the Mother's Residence as a form of emancipation?

Apparently in NJ CS can be paid by the NCP until the child is through there secondary education. Sad. I see nothing that states that the CP should also give financially towards the child since the CP is still considered the CP.


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Avaya
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Re: Child Support Question and College [Re: Cassie23]
      #760487 - 08/24/11 02:47 PM

Does your daughter have a job and does she claim herself on her income tax return? I read a little NJ code and if she's 'self supporting' (or capable of it) then she can be emancipated (hopefully even if she doesn't like it) and then you can petition for no CS.

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njpatetta
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Re: Child Support Question and College [Re: Avaya]
      #760490 - 08/24/11 03:22 PM

She has a job but only works part-time hours except for the summer or recently when she dropped out last semester(now registered this semester coming up). She has been dropping in and out of college that is why she is 23 years old, still an undergraduate with one more year (supposedly) to graduate. I beleive but do not know for sure , if she claims herself on her tax returns. Her mother made sure she thought of everything. I think the ONLY way to get her to garduate is to get her mother, my ex, to pay for child support or college expenses. Then she will be on my daughter to finish college yesterday.. Thnkas for the info. I will look into that also.

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hanzblinx
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Re: Child Support Question and College [Re: njpatetta]
      #760491 - 08/24/11 03:34 PM

[quote] I think the ONLY way to get her to garduate is to get her mother, my ex, to pay for child support or college expenses. Then she will be on my daughter to finish college yesterday.. [/quote]

The predictability of women is staggering. Not a shred of ethics or personal responsibility.


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youngatheart
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Re: Child Support Question and College [Re: hanzblinx]
      #760505 - 08/24/11 07:38 PM

>>>The predictability of women is staggering. Not a shred of ethics or personal responsibility.<<<

Wow...what an incredibly idiotic comment.


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Debi
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Re: Child Support Question and College [Re: hanzblinx]
      #760507 - 08/24/11 07:46 PM

"The predictability of women is staggering. Not a shred of ethics or personal responsibility."

I'd say that's a bit general considering you can not possibly know every woman in the world personally. That would be like me reading the bitter posts of some of the men on this board and assuming that every man is a as much of an idiot as the ones who were stupid enough to marry someone who would screw them over. I, however, know that to be false since my x was smart enough to marry someone with a sense of self worth, who wouldn't be caught dead letting herself be supported by someone else. I bet there are other women on the board who can say the exact same thing.

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When we were together, you said you'd die for me. Now, I think it's time you kept your promise.


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hanzblinx
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Re: Child Support Question and College [Re: Debi]
      #760904 - 08/29/11 12:25 PM

[quote]

I'd say that's a bit general[/quote]

It's not my opinion. It's a hard fact published by the IRS. 96% of all alimony is collected by women. When that changes, I may begin to consider your little anecdote. Until then women are factually the leeches of society. Maybe have a chat with your leech sisters and see if you can get that percentage down below 96% before you try to defend these useless "entitlement princess" leeches.

Edited by hanzblinx (08/29/11 12:43 PM)


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MrsB
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Re: Child Support Question and College [Re: hanzblinx]
      #760913 - 08/29/11 12:49 PM

Lol. K.

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elliesmom
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Re: Child Support Question and College [Re: hanzblinx]
      #761363 - 09/01/11 07:28 PM

Yes but how many women are collecting alimony? 1%?

Its not like the whole population is surviving off alimony. Most divorced people I have known paid/received none.

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Forgiveness is...letting go of the hope that the past can be changed.


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