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#134005 - 08/14/06 10:30 PM Poll- What if CS laws change in this case...
Cassie23 Offline
Carpal \'Tunnel

Registered: 10/07/05
Posts: 14784
In NYS (along with very few other states- I think IN and MA are a couple more) the law states that CS ends at 21 or emancipation, and that's what my H's CO states.

What if NYS joins the many other states that have CS cancel at the age of HS graduation... Should my H's old order be modified to the new law? Or should it stay at the age of 21, since their current CO specifies that? (although my H's order also specifies that CS would keep in accordance with NYS laws...)

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#134006 - 08/14/06 10:39 PM Re: Poll- What if CS laws change in this case... [Re: Cassie23]
Miranda Offline
Carpal \'Tunnel

Registered: 06/03/05
Posts: 20822
Loc: North of Mexico
Does it matter? CS could and can be modified at any time and it would likely be modified due to the new state law.

Morally? That is up to you, but legally and morally are two totally different subjects.
_________________________
13.1...because I am only half crazy!

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#134007 - 08/14/06 10:43 PM Re: Poll- What if CS laws change in this case... [Re: Miranda]
Cassie23 Offline
Carpal \'Tunnel

Registered: 10/07/05
Posts: 14784
Does it matter? Well to me it does- that's why I asked with a poll. I wondered what others would think in this situation.

As far as the legally and morally comment...well I think most parents would support their children in college w/o a CS order, but DIRECTLY to the child.

I think that since most states have CS ending at the time of HS graduation, NYS, IN and MA should be the same.

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#134008 - 08/14/06 11:04 PM Re: Poll- What if CS laws change in this case... [Re: Cassie23]
Miranda Offline
Carpal \'Tunnel

Registered: 06/03/05
Posts: 20822
Loc: North of Mexico
So if CS goes right to the child but the CP forces the child to pay rent and utilities then what is the difference? I don't think any one over the age of 18 should have money sent to them soley because his/her parents are divorced.
_________________________
13.1...because I am only half crazy!

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#134009 - 08/14/06 11:21 PM Re: Poll- What if CS laws change in this case... [Re: Miranda]
Cassie23 Offline
Carpal \'Tunnel

Registered: 10/07/05
Posts: 14784
Interesting thought process. "the CP forces the child to pay rent and utilities then what is the difference?" Why should the CP force the child to do anything with money from NCP? Why shouldn't the NCP have the right to decide what to do with that money if the child isn't living in the CP's home?

Let's say the child goes to college away from home and took out loans to do so, got some grants, etc. and is doing work study. Why should the NCP pay any monies directly to the CP, when the CP is no longer caring for the child in that home? Shouldn't the CP give her/his monies to the child as should the NCP?

My problem is that the NCP has a CO giving the CP CS money- whose to say that CP will actually use it on the child, but instead use it to relish her own lifestyle?

Example- NCP pays $1200/month on CS. Child goes to school practically free (after scholarships, etc.), lives in the dorms, and does workstudy. The CP sends the child $500/month for extra costs and pockets the rest. So in this case CP ends up $700 ahead and pays NOTHING towards the child's well-being. This is why I think NCP should pay child directly after the age of 18.

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#134010 - 08/15/06 12:44 AM Re: Poll- What if CS laws change in this case... [Re: Cassie23]
Susanf31 Offline
Carpal \'Tunnel

Registered: 06/02/05
Posts: 10630
I think as long as the child is living at home and attending college FULL time and PASSING, CS should extend until the age of 21.

If the child moves out and is attending college FULL TIME and PASSING, CS to should apply to BOTH parents, payable to the college/child.

I don't think a NCP should have to give a nickle to CP if the kids is over 18 and not living in CP's home.

I do think the legal age should go back to 21.

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#134011 - 08/15/06 12:51 AM Re: Poll- What if CS laws change in this case... [Re: Susanf31]
Miranda Offline
Carpal \'Tunnel

Registered: 06/03/05
Posts: 20822
Loc: North of Mexico
Go back to 21?
_________________________
13.1...because I am only half crazy!

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#134012 - 08/15/06 12:57 AM Re: Poll- What if CS laws change in this case... [Re: Susanf31]
Cassie23 Offline
Carpal \'Tunnel

Registered: 10/07/05
Posts: 14784
I would agree with this...everything is on a case by case basis. When I first came to this site I read about a NCP who was paying CS to the CP because there D was in college. When he requested transcripts from the CP, she refused and then gave him a copy of one where the classes looked unfamilar.

It turned out D was married (never notified father) and NOT in college (BM was and used her transcripts after whiting out her name, etc., as 'proof'). BM and D were in this together, collecting CS money and splitting it.

These cases may be few, but I do believe that there are a lot of CP's who spend CS money on more than just the child- and relish their own lifestyles according to CS. (Of course that's just a from my perspoective since my H's ex has always asked for ups in CS when she 1. wanted a new car 2. the day after the birth of her 3rd child (from a different man) 3. to buy a more expensive home.

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#134013 - 08/15/06 12:58 AM Re: Poll- What if CS laws change in this case... [Re: Miranda]
Cassie23 Offline
Carpal \'Tunnel

Registered: 10/07/05
Posts: 14784
I think she was answering my original question of- should it be 21 or go to 18 (new law)?

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#134014 - 08/15/06 01:00 AM Re: Poll- What if CS laws change in this case... [Re: Cassie23]
Miranda Offline
Carpal \'Tunnel

Registered: 06/03/05
Posts: 20822
Loc: North of Mexico
Right Cassie, and in the case you mentioned certain people on here would say it was the father's fault for not knowing the daughter's where abouts, or for being complacent regarding the CS order.

IF you are "honest" you are a stupid moron and if you want it in writing from a court you are a "prick".
_________________________
13.1...because I am only half crazy!

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