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Conference quokka::non_custodial_parents

Title:Welcome to the Non-Custodial Parents Conference
Notice:Please read 1.* before writing anything
Moderator:MIASYS::HETRICK
Created:Sun Feb 25 1990
Last Modified:Fri Jun 06 1997
Last Successful Update:Fri Jun 06 1997
Number of topics:420
Total number of notes:4370

387.0. "question about ending child support after college" by QUOKKA::9882::SCHLENER () Mon May 06 1996 18:42

    This concerns the state of Massachusetts. My step-daughter is
    graduating from college this coming Monday. This is supposedly the last
    month that my husband is paying child support for his oldest.
    
    His youngest is supposed to go to college this coming September. To
    make a long story short, besides initially trying to get my husband to
    pay for all of his youngest's college costs, his ex-wife is stating
    that my husband is supposed to pay child support for his oldest
    daughter until she reaches 23. From my understanding I thought it was
    college or 23 - that child support was to help out the child for
    college but then that's it.
    
    Also, if a child lives away from the mother's home during the 4 years
    at college, can the mother declare her as a dependant (the eldest
    daughter never lived at her mother's house once she went away to
    college) for the IRS (another point that we can push if the ex-wife
    becomes nasty).
    		Cindy
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387.1TEXAS1::SOBECKYIt's complicated.Tue May 07 1996 04:3613
    
    Most agreements state that child support will continue until the child
    finishes college or reaches age 23, whichever comes first. Other
    factors can also cause child support to end, such as if the child is
    emancipated (definition can vary). What does the divorce decree say?
    
    As for claiming the child as a tax deduction, I don't believe that the
    fact she lived in a dorm or apartment while she went to school really
    matters; many kids live away from home while attending school. But
    then, I'm not a tax lawyer nor have I ever played one on TV. ;)
    
    John
    
387.2Resources on the WebMKOTS3::TINIUSIt's always something.Tue May 07 1996 10:3442
>    Most agreements state that child support will continue until the child
>    finishes college or reaches age 23, whichever comes first. 

According to information provided by the Federal Office of Child Support
Enforcement Home Page at http://www.acf.dhhs.gov/ACFPrograms/CSE/ocsehome.html,
(go to "Facts and Descriptions", then "Profiles - descriptions of State
child support programs"):

State Profile for Massachussetts, September 1994

Age of Majority for            18; court may, in its discretion,
Termination of Support         order support up to age 21 if child is
                               domiciled with a parent and
                               principally dependent on that parent
                               for maintenance; age 23 if child is
                               domiciled with a parent and
                               principally dependent on that parent
                               for maintenance due to child's
                               enrollment in an educational program,
                               excluding educational costs beyond an
                               undergraduate degree.

but, in contrast...

State Profile for New Hampshire, September 1994

Duration of Child Support      Until reaches age of 18 or graduates
                               high school whichever is later, or
                               becomes married or become member of
                               armed services; unless children are
                               declared legally dependent beyond that
                               age due to mental or physical
                               disability or unless court has
                               otherwise ordered support to continue
                               beyond age 18


Also, look up "joint legal custody" in http://altavista.digital.com,
lots of good information there, too.

Regards,
-stephen
387.3MKOTS3::RAUHI survived the Cruel SpaTue May 07 1996 10:415
    So the 23 year old is out of college in another month, and she is now
    an adult. So, your off the hook!:) Less there is some weasling to pay
    for graduate courses.;(
    
    
387.4thanksQUOKKA::9882::SCHLENERTue May 07 1996 14:294
    Thanks for the info. Actually she'll be 22 in a few months. I think her
    mother wants another European vacation -).
    	Cindy
    
387.5MKOTS3::RAUHI survived the Cruel SpaTue May 07 1996 14:388
    I have a co-worker here whose ex and daughter take turns going to
    college!! Great plan! She and the ex live in the marital abode, and
    take turns going. Good news... time is running out for both of them.
    
    
    re European va-ca: Must be nice! Mine likes vacations too. She went to
    New York for a week. Has gone to Disney World, and a few other neet
    places. And me? I get to file for bankruptcy. Great plan man! 
387.7I can't wait...QUOKKA::9882::SCHLENERTue May 07 1996 18:3312
    Well my husband's daughter is definitely graduating this Monday. Plus I
    can't see her living at home with her mother. She hasn't lived at her
    mother's home since high school even during college breaks. So to me
    she probably can't be considered a dependent ( but you never know...).
    
    I tried to convince my husband to get everything in writing from his ex
    since there will be a change in support since the youngest will be
    going to college (he's increasing the amount). Unfortunately he isn't
    going to do that. The only good thing is if his ex does go back to
    court, he can show good intentions (???) since he did increase the
    youngest's child support (while dropping the oldest).
    	Cindy
387.8Get court approvalDANGER::MCCLUREWed May 08 1996 09:3613
	I'm not a lawyer, but if he is paying child support according
to a court approved agreement, I think he needs to get court approval to
change the amount he pays.   If he just changes the amount without court
approval he will be in contempt.

	In Massachusetts the guideline for the basic order for support
for one child is 27% and for two children is 30% of the noncustodial
parents income.   (If the custodial parent has other income, these
percentages may be reduced, etc.)   I think this means that
the support isn't going to go down very much anyway.

	Please, tell him to get any changes approved by the court.
387.10some more infoQUOKKA::9882::SCHLENERWed May 08 1996 11:129
    There is no court order. My husband and his ex-wife aggreed to certain
    things a few years back. Unfortunately the agreement didn't cover 1)
    what to do with the youngest concerning college - doesn't even mention
    continuing child support, and 2) when to discontinue the eldest child
    support. 
    
    In fact the aggreement is really vague. I think there are quite a few
    things that he could nail his ex-wife if need be.
    	Cindy 
387.11MKOTS3::RAUHI survived the Cruel SpaWed May 08 1996 11:152
    When there is no by-lines in the decree, then It May default to state
    defacto's. But, this can be challenged!:)
387.12DANGER::MCCLUREWed May 08 1996 12:2649
.10  There is no court order. My husband and his ex-wife aggreed to certain
.10  things a few years back. Unfortunately the agreement didn't cover 1)
.10  what to do with the youngest concerning college - doesn't even mention
.10  continuing child support, and 2) when to discontinue the eldest child
.10  support. 

	I am confused.   I thought that in Massachusetts a divorce
always included some kind of agreement about the children.  Are you
saying he was divorced in Massachusetts and there is nothing in their
agreement about support for the children ??

	Even if this is the case, it's my understanding that
support can be reopened whenever there is a change in circumstance.
Is he currently paying more or less than the guidelines require ?
If he is paying more, maybe he should go back to court and get it
lowered.   If he is paying less, maybe he should try to be nice to the
ex.

	As far as paying college expenses, whatever he did for the oldest
might be seen as a precedent for the youngest.

		Table assuming 1 child with a max age 13-18
   CP wages		Support as a % of NCP gross
      0k     28.8% 28.8% 31.0% 31.0% 31.0% 31.0% 31.0% 31.0%
     10k     28.8% 28.8% 31.0% 31.0% 31.0% 31.0% 31.0% 31.0%
     20k     19.2% 23.0% 26.6% 27.6% 28.2% 28.7% 29.0% 29.2%
     30k     11.5% 16.4% 20.7% 22.6% 23.9% 24.8% 25.6% 26.1%
     40k      8.2% 12.8% 16.9% 19.1% 20.7% 21.9% 22.9% 23.7%
     50k      6.4% 10.5% 14.3% 16.6% 18.3% 19.6% 20.7% 21.6%
     60k      5.2%  8.8% 12.4% 14.6% 16.3% 17.7% 18.9% 19.9%
     70k      4.4%  7.7% 11.0% 13.1% 14.8% 16.2% 17.4% 18.4%
     80k      3.8%  6.8%  9.8% 11.8% 13.5% 14.9% 16.1% 17.1%
NCP wages =>   10k   20k   30k   40k   50k   60k   70k   80k


		Table assuming 2 children with a max age 13-18
   CP wages		Support as a % of NCP gross
      0k     32.2% 32.2% 34.5% 34.5% 34.5% 34.5% 34.5% 34.5%
     10k     32.2% 32.2% 34.5% 34.5% 34.5% 34.5% 34.5% 34.5%
     20k     21.5% 25.8% 29.6% 30.7% 31.4% 31.8% 32.2% 32.5%
     30k     12.9% 18.4% 23.0% 25.1% 26.5% 27.6% 28.4% 29.1%
     40k      9.2% 14.3% 18.8% 21.2% 23.0% 24.4% 25.4% 26.3%
     50k      7.2% 11.7% 15.9% 18.4% 20.3% 21.8% 23.0% 24.0%
     60k      5.9%  9.9% 13.8% 16.2% 18.2% 19.7% 21.0% 22.1%
     70k      5.0%  8.6% 12.2% 14.5% 16.4% 18.0% 19.3% 20.4%
     80k      4.3%  7.6% 10.9% 13.1% 15.0% 16.6% 17.9% 19.0%
NCP wages =>   10k   20k   30k   40k   50k   60k   70k   80k

387.13verbalQUOKKA::9882::SCHLENERWed May 08 1996 14:1121
    When my husband was divorced many moons ago (18 years?) he was ordered
    to pay x amount for child support without mentioning college. Since
    then his ex-wife has asked and gotten more child support (thru a
    lawyer and not the courts per say) mostly by lengthening the years
    through college. Dennis didn't mind as long as the money was going to
    college. Plus he would give his eldest an extra $4000 a year besides
    the child support. 
    
    Now that she's graduating, his ex-wife expected the same amount of
    child support but only going to 1 child instead of both - ha!. However
    after talking over the phone with his ex-wife, my husband made it clear
    to his ex-wife that he simply doesn't have the assets/extra money for 
    all the money that she wanted. She even had the nerve to ask my husband
    to borrow money from me!
    
    They supposedly agreed to an amount but it is verbal not written down.
    My husband doesn't want to rock the boat by making his ex-wife sign an
    agreement.
    Oh - well... gotta keep my stuff separate in case she goes after me. 
    	Cindy
    
387.14MKOTS3::RAUHI survived the Cruel SpaWed May 08 1996 15:478
    Is the youngest child his child too?  A Father was asked to pay child
    support for his child, and the children of two other children by casual
    aqaitence of his ex... This was done for the where abouts of the other
    two fathers is unknown. And he became the lamb to sacrifice. Execpt, he
    fought back and won. Now paying for his only daughter, he has some
    extra in his pockets to buy her extra things.
    
    
387.15CSC32::HADDOCKSaddle RozinanteWed May 08 1996 16:1213
    re .13
    
    I second the opinion that he should compare what he will be paying 
    due to this abreement compared to what he would be paying if it
    were taken into court and set up according to the "guidelines".
    It can be.  It shouldn't take too much to check out with a lawyer
    or paralegal what his "contribution" would be under the guidelines.
    So the question isn't what he will be paying compared to what he 
    has been paying.  It's how much he will be paying compared to how
    much he will be paying if she decides to go back to court and asks
    that the payments be set up according to the guidelines.
    
    fred();
387.16paying about the sameQUOKKA::9882::SCHLENERWed May 08 1996 17:2011
    My husband has only 2 children. In theory with this "unofficial"
    agreement he would pay $12,000 a year towards college expenses for the
    youngest. This is more than he was officially paying for his eldest. 
    However with his eldest he would give her $4000 a year extra for
    college. He just didn't want to give it to his ex since there was no
    guarantee that all the child support payment was going to his child
    (are we paranoid yet...). 
    So both kids would be getting about the same amount of money for college.
                 Cindy
    P.S. I think if his ex-wife starts complaining again I'll start pushing
    to have a written agreement (can't wait until 4 years are over!!!)
387.17MKOTS3::RAUHI survived the Cruel SpaWed May 08 1996 17:2617
    I don't know if I tild the story of the father who had inheart'ed some
    $60,000.00! So, he set it up in a trust fund for his daughter for
    college days. So, under the final decree, mom got to become trustee of
    the account. Then comes the day of reconning... No money, the ex/mom
    pulls a fast one. She gets DCYS/DOR to collect money from the father to
    foot the bill for college. Whelp... dad had filed bankruptcy shortly
    after the divorce, and lost his business. Now he was unemployeed, going
    from one goof job to another, trying to keep up with it all. 
    
    Long of the short, there isn't any money left. He doesnt have to pay,
    and she will have to blame mom for squandering the money. The daughter
    has a schollar ship, and will be or is attending a state school, and
    perhaps waiting on a table or two like many of us. This dad does do his
    best to foot some of the cost, but, there isn't the big fat cushion of
    money that there once was.
    
    
387.18moralQUOKKA::9882::SCHLENERWed May 08 1996 17:576
    re -.17
    The moral of the story - don't trust your ex! (ex-wife, ex-husband)
    Always get things in writing. I'm alot more paranoid/less trusting than 
    my husband.
    	Cindy
    P.S. If things blow up I'll let you know.
387.19MKOTS3::RAUHI survived the Cruel SpaWed May 08 1996 18:046
    .18 
    >don't trust your ex!
    
    or... Never give a sucker and even break.:) W.C. Fields.:)
    
    
387.20Or, re-phrased, what's the point of having a lawyer?QUOKKA::32663::WAUGAMANHardball, good ol' countryWed May 08 1996 18:1314
>    I don't know if I tild the story of the father who had inheart'ed some
>    $60,000.00! So, he set it up in a trust fund for his daughter for
>    college days. So, under the final decree, mom got to become trustee of
>    the account. Then comes the day of reconning... No money, the ex/mom
>    pulls a fast one.
    
    Well, it sounds like it was in writing.  Why in the world did he 
    agree to this in the first place (his money, his daughter, but the 
    ex is the trustee)?  That just doesn't make sense, and sounds as 
    if he was not at all acting in the best interests of his daughter.
    
    Glenn
    
387.21MKOTS3::RAUHI survived the Cruel SpaWed May 08 1996 18:5812
    No clue why, I was able to give some advice on how to do a find and see
    in a more practical app. Like we had the bank book called to be viewed
    by the court, as well as banking statements for the last ump-teen
    years. And it proved that she was putting allot in her/ex pocket. 
    
    The final coop-de-gra was the ex re-married another about a year
    afterwards, and found himself on the outs. So, the ol saying,'You
    enimy is my friend', was bought a beer, and a good shoulder to cry on
    for a couple of hours.:) The ex's ex gave testimony to the wild
    spending of the ex wife!:)