almostdone11
recently joined
Reged: 11/27/11
Posts: 4
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My stepdaughter turned 18 in August. According to my husband's divorce papers, child support terminated on her 18th birthday. His ex is furious. My husband has put money aside in a savings account for my SD until she graduates from high school in May; however, the ex served him with papers last week asking that child support be reinstated until graduation AND that she get an increase in support. If the support terminated on the daughter's 18th birthday, can she really take him back to court for this?
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youngatheart
Carpal \'Tunnel
Reged: 09/03/05
Posts: 9394
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Yup. Generally child support goes until age 18 OR high school graduation...whichever happens last. I'd bet she will get that approved. And she should.
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DedicatedDad
veteran
Reged: 09/05/04
Posts: 1318
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I noticed you posted in IL. They will reinstate CS until the adult child graduates from HS or turns 19, whichever occurs first, regardless of what the decree says. CS will also be based on current income. If it is higher than it was when the order was set, it will increase. IL also orders non-custodial parents to pick up significant college expenses, including tuition, room and board, Expect this may be also addressed. IL college support is not by formula, but by whatever the judge says. IL allows steparent's income to be used as one of those factors. When that law first went into effect, thousands of IL couples divorced but never separated....and never intended to. They only did it to avoid possible judicial abuse regarding college expenses.
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almostdone11
recently joined
Reged: 11/27/11
Posts: 4
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If it gets reinstated, then that will just have to be how it is. What about any accountability to the custodial parent for the daughter in her custody failing mulitiple classes? And we will be expected to pay for college for a student who doesn't care about her education? My biological children won't get their college paid for, so why should she?
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almostdone11
recently joined
Reged: 11/27/11
Posts: 4
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Also, will anything be taken into account for the fact that we do all the driving and continue to do all the driving every other weekend and gas prices have gone up? The mother does not work, has only worked a full-time job for two years over the last ten years, and has had numerous new cars while my husband has had the same car for 10 years with close to 200,000 miles on it. We aren't hiding money. I have worked a full-time job for 20+ years. She has two ex-husbands and gets support for each child and doesn't work. What is wrong with this picture?
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DedicatedDad
veteran
Reged: 09/05/04
Posts: 1318
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The picture is unfair of course....but none of what you wrote will effect what you will pay, except that she poor, both you and your husband work, and you will most likely be responsible for a much larger share of the college expenses.
On a positive side, the child may get some decent grants, reducing the overall expenses.
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Tweeby
Carpal \'Tunnel
Reged: 06/05/04
Posts: 7100
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There is no accountablity in CS. Is your Schild enrolled and attending school? Not sure what state your in but in my State CS continues until the child is 18 or graduates HS not to exceed age 19. My husband was able to get CS stopped on their OS at age 18 because the child was not enrolled or attending HS. In my State it is up to the CP to prove the child is attending a certified HS but it is easy. My OSS was not enrolled in any school for a long time and the court ordered that CS should stop at age 18 since the teen was a HS drop out. My state does not make a parent pay for college.
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almostfree
newbie
Reged: 05/12/06
Posts: 38
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What happens in Illinois if the kids decide they want to live with the NCP when they finish high school? Does that mean custody changes and the previous CP now has to pay for the costs of college? Also, do you know if the consitutionality of this has been challenged? Seems unfair since kids in intact families don't have this guarantee.
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ssmom79
Carpal \'Tunnel
Reged: 06/27/07
Posts: 7783
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I remember hearing IL was one of the WORST states to be divorced in.
Life is unfair. Can you tell me where you think it violates some constitutional right of the NCP to pay for college expenses?
Does your stepdaughter plan to attend college? If she is failing multiple classes, how many colleges have accepted her?
For my family, child support ends and graduation and the CP won't have the luxury of affording college for either child once the CS ends. In FL they don't order parents to pay for college. But we plan to pay for it anyway.
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hanzblinx
enthusiast
Reged: 08/13/10
Posts: 380
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Regardless of when a child graduates, CS terminates at 19 in Colorado. Only exception is if the child joins the military or becomes clearly independent (married) before age 19. Unfortunate, because my ex spends the $1500/month on herself while my son goes without.
Whoever invented CS forgot to consider the greed of women, and lack of any accountability in the system for them.
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