child support 19 yr old

[reaktor]

thanks folks for the info.  The wife hasn't actually hired a lawyer yet, but it's coming..even though we both intended for things to be done in a 'no-fault' way.  The only thing we disagree about is the child support..which she thinks she is owed until the kid is out of college.  I reckon it's time for me to find a lawyer to at least be in my corner as a coach.

[aladad45]

From what I understand and I'm far from newly divorced, you have to pay child support until the day the child turns 19, regardless if the child is living at home or in a college dorm room or on planet mars, the only way to not pay is if the child gets married prior to 19 or is otherwise emancipated.  College support in Alabama can only be awarded if filed for PRIOR to the child's 19th b-day and then is at the discretion of the judge and based on things like both parents incomes and ability to pay for higher education and also the child's aptitude for college.  Then you could be required to pay a portion of the college expenses after the child turns 19, maybe half, maybe more or less depending on your income in relation to mom's.  But it is not full out child support as in send a check to mom every month until child receieved diploma.  Talk to a lawyer to be sure, but that is my understanding.  I'm going through a little bit of the same thing myself with my ex filing to modify that I pay now more than half, ( I agreed to half when we seperated in 98 and our child was 4), now with the gaps in our income being great and me the bread winner so to speak, mom wants me to pay more, so we shall see how a judge rules.  My advice to you is if you make a decent income or better and can reasonably afford to help with your daughter's college expenses, volunteer to pay for half of the expenses until your daughter reaches 25 so long as she maintains a 3.0 average.  Try to negoiate if you are financially able to pay some towards the cost but I would not agree to a fixed amount of "child support" on an adult child either.

[Wolfy]

Understand also that a lawyer can do as much or as little as you want him/her to. It could be as simple as looking over the paperwork to make sure the judge will accept it to doing everything for you. If the attorney only has to deal with is the child support portion of it, that could save you some money.

[InDenial]

Whether your daughter goes to online college or community college, it sounds like she might be still living with her mother while she's in college?  In that case it does seem fair to pay some kind of support for room and board. 

Would you rather your daughter live in an apartment than with her mother?  You COULD offer to pay child support directly to your daughter, but depending on her maturity it might not be the best option for a 19 year old.

Would you rather your daughter live with YOU while she goes to college? You could always suggest that whoever the daughter lives with receives child support from the other parent.  That would be fair to both parents.

If you don't want to support your child after age 19, what future are you envisioning for her?  What will her life be like without a college education?  Is it realistic for her to pay for it herself?  How would you have handled things if you and her mother hadn't split?  How did your own parents handle paying for college (if they did)?

You don't have to answer these questions here, just some food for thought.

[DadofAL2003]

Just getting around to reading this thread, but just thought I'd share what's in my decree:

"Father and Mother agree that in the event that the minor child attends college, each shall be responsible for 50% of the cost of the tuition, room and board, fees, and book expenses of an undergraduate education for the minor child provided that said child is a full time student (as defined by the institution attended) and maintains an overall "C" average. The Father/Mother's obligation shall not exceed four academic years and not extend past the child's 23rd birthday. The college education obligation shall not exceed the then prevailing rate for an instate student at The University of Alabama in Tuscaloosa, Alabama. This reference to this state university is not intended to direct that a child actually attend that school, but rather provides a reference for the Father's/Mother's maximum finanical obligation hereunder. Whichever party is in possession of the child's grades and other academic progress reports, as well as copies of all invoices, bills, statements, or other documents requesting financial contribution, shall insure that the other receives a copy of the same. The parties shall make their payments directly to the school, bookstore, etc. and the payments shall be made after applications for scholarships, grants and other financial aide have reasonably been made."

This was agreed upon by parties during the original divorce decree in 2003, when the minor child was only 14 months old. Modifications were made recently in regards to other aspects of the decree, at which time the child was 7 years old, but no changes were made to the college portion of the decree. We have not discussed the issue of child support ending at age 19 and the child entering college (double paying), but I imagine when she gets closer to the appropriate age...there will be a battle.

[CollegeDad]

My suggestion to try and put something in the divorce decree to address the issue of double paying when the child enters college before they turn 19 is completely untested as I am aware.  I recommended it because I believe if two parents want to agree to something other than the norm, a judge would allow it as long as it doesn't directly conflict with a state statute or other clauses within the divorce decree.  In my case, my ex was not required to pay college expenses other than tuition and books until my son turned 19 at which time she was required to pay her share of room and board and auto insurance and other things in addition to tuition and books.  So, in a sense, the child support was replaced with the college support.  My ex didn't have to double pay and I didn't want her to because it is completely unfair in my opinion.  Others have had a different experience where they did have to double pay. 

The law states that child support continues till age 19.  Also, if you have agreed to pay for college expenses in your divorce decree then you will be required to pay your share of tuition and books at the very minimum.  It makes sense to me to begin paying for living expenses when the child support stops.  And it makes sense that the primary custodian pay for the child's living expenses at college with child support money they receive until the child reaches the age of 19 at which time both parents will split living expenses.  That is the way that I would try to augment current child support and college expense handling in the state of Alabama.  I believe this can be done one decree at a time until it becomes the norm. 

I do realize this does not work for everyone especially when college living expenses are way higher than child support will cover.  In those cases, the child has got to either get a scholarship or financial aid or a loan to fill the gap.