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Author Topic: Interpretation of order  (Read 1541 times)
joeb
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« on: August 01, 2008, 08:19:42 PM »

I?m NCP.  Son turns 19 in January but begins college this month.  Will be moving out of home with CP this weekend.  College is in another town 4 hours from both parents.

Order reads:  Child support section:  CS? due each month until minor child reaches the age of nineteen, shall marry, die, or otherwise becomes emancipated.

College section:  The Father? Mother shall pay?, beginning on the child?s 19th birthday or upon said child beginning the fall academic term of his freshman year in college.

Interpretation is needed as I need to know, do I continue to pay both child support and the post minority support until son reaches 19 in January?  I?ve sent check for entire month of August even though he will spend only one night of the month with CP.  It will be a hardship for me to pay for both as the child support is $795 per month and if I must pay this until January? plus college expenses?. Anyway, wondered what the interpretation from Uncle Lee is on this?  I want to do the right thing but I do not see why I should pay almost $4000 in child support over the next five months when he isn?t living with CP and both of us have been ordered to pay our portions of college that begins prior to his 19th birthday. 
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m_t
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« Reply #1 on: August 01, 2008, 09:17:12 PM »

I?m NCP.  Son turns 19 in January but begins college this month.  Will be moving out of home with CP this weekend.  College is in another town 4 hours from both parents.

Order reads:  Child support section:  CS? due each month until minor child reaches the age of nineteen, shall marry, die, or otherwise becomes emancipated.

College section:  The Father? Mother shall pay?, beginning on the child?s 19th birthday or upon said child beginning the fall academic term of his freshman year in college.

Interpretation is needed as I need to know, do I continue to pay both child support and the post minority support until son reaches 19 in January?  I?ve sent check for entire month of August even though he will spend only one night of the month with CP.  It will be a hardship for me to pay for both as the child support is $795 per month and if I must pay this until January? plus college expenses?. Anyway, wondered what the interpretation from Uncle Lee is on this?  I want to do the right thing but I do not see why I should pay almost $4000 in child support over the next five months when he isn?t living with CP and both of us have been ordered to pay our portions of college that begins prior to his 19th birthday. 


Didn't you already ask this question, under a different handle?
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Fuck Cancer

"Women are angels. When someone breaks our wings, we simply continue to fly. On a broomstick. We are flexible."

Children aren't coloring books. You don't get to fill them in with your favorite colors.
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joeb
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« Reply #2 on: August 01, 2008, 09:46:49 PM »

Nope and tried to search the website prior to posting and also called the courthouse today.  Lady there told me that she could only read the order and not provide interpretation of it.....  I did see one recently that was simiilar but it looks like the question wasn't answered fully.  In my opinion.
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m_t
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« Reply #3 on: August 01, 2008, 09:52:31 PM »

Dunno if this is the thread you're refering to http://divorceinfo.com/heo/index.php/topic,13763.0.html ... Hopefully Lee will expand on his response.
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Fuck Cancer

"Women are angels. When someone breaks our wings, we simply continue to fly. On a broomstick. We are flexible."

Children aren't coloring books. You don't get to fill them in with your favorite colors.
The Kite Runner, Khale
CollegeDad
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« Reply #4 on: August 02, 2008, 02:12:45 AM »

I can tell you with my own case, my ex was not ordered to pay both.  My ex continued to pay child support until my son turned 19 while my case for child support and college expenses was pending.  She continued to pay child support until the case went before a judge about 3 months after my son turned 19.  The order came down with one month of college left.  She was given credit for the college because of the child support.  She didn't volunteer to pay both and she wasn't required to. 

So, pick one and pay it.  If your judge is reasonable, you will not be required to pay both if your ex decides to take this to court.  Usually, the child support is more expensive than college support.  So pay the college support and the difference will be so small as to render it worthless for your ex to pursue in court. 
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