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Child Support Question (for future reference) ETA (in blue) UPDATE IN GREEN

Posted by on Mar. 3, 2013 at 9:08 AM
  • 18 Replies

DS will be 17 this April. He was almost 3 when I filed for CS. Will support stop when he turns 18? The court order does not say back support from the time DS was born to the time I filed. He will be going to college after high school (fall of 2014 is when he will go).

I am looking at my support orders right now. First off, we do not have a parenting plan as I left his bio-dad when I was 4 months pregnant with him. Like I said he was 3 when I filed for support. His bio-dad has never been a part of his life (he lives in Kansas & I live in Ohio)- not once made a trip to come see him or asked that we come there. Our support order state support "commencing October 1, 1999, and each month thereafter until further order of the court." Even when we had modifications it says "until further order of the court".

The support order I have with the divorce decree from my ex H (for our 4 kids) states "The duty of support shall continue until further order of the Court or until the above named children reach the age 18 or so long as the children continuously attend, on a full time basis, amy recognized and accredited high school, however, no later than the age 19, or as otherwise provided in Ohio Revised Code 3119.86" As I understand this- our oldest DD will turn 18 in September 2017. That will be her senior year in high school (she repeated Kindergarten) so her support will end when she graduates.

3/8/13

Okay so this is weird. I came home today to a letter from CSEA stating my child support will stop on 5/4/13 due to reasons on back of paper (back stated child would no longer be a minor & therefore obligation would stop).

Well the issue is- a) it said Obligor was my ex husband & b) I don't have a child aging out! My oldest will be 17 in April & my ex is not his father & my ex is not paying support on him. He didn't adopt him either- there is no support order for my ex to pay suport for my oldest, just our 4 kids.

So, now I have to print out a copy of the info from the website regarding recent payments (the support order number on the letter doesn't even match the support order numbers on their website or any of my paper work), copy my actual support orders, my DS's birth certificate (to show proof of age), & write a nice little letter saying they screwed up & need to correct things. 

by on Mar. 3, 2013 at 9:08 AM
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Replies (1-10):
GOBryan
by on Mar. 3, 2013 at 9:16 AM

It depends whats in your child support order. Normally it ends at 18 unless he's still in high school. If you don't have anything in your support pertaining to what happens after he's out of high school, then it's likely to end. It ended for my step son when he turned 18 because he was out of high school at 18 and there were no stipulations for college. The second one may continue after age 18 if he's not done with high school or escapes his mother. He's waiting so he can come live with us so it'll stop regardless. 

momof6nokc
by on Mar. 3, 2013 at 9:30 AM

It depends on your state.  In many states the CS order does not begin until you file for CS so there would be no "back" CS from birth until you filed. 

What does your CS order say regarding when CS ends?  In many states the CS ends when the child turns 18 OR they graduate highschool, whichever comes last.  Some states automatically stop at 18, some automatically stop at 19 whether the child has graduated or not.

Some states go through age 21 if the child is in college, a few states (2??) allow for CS through the end of college.  However, in my opinion, that's utterly ridiculous and is not something *I* personally could ever accept a check for.  The child is a full grown adult at that point and is not OWED a college education, nor should a parent be collecting a check for a full grown adult.



**Just call me Stuart**

SexyTeacher
by Gold Member on Mar. 3, 2013 at 9:41 AM

In NC child support is paid until the child graduates from high school. Some states have the age set at 18 and others have a provision for college. If the child is disabled CS can continue until age 21.

Lorriane
by Member on Mar. 3, 2013 at 2:01 PM

Check your parenting plan and see what it says. I had it put into the parenting plan that my ex would pay cs until our son graduated from hs or turned 19 which ever came first. In most states you can put into the parenting plan that it continues through college.

erinsmom1964
by Gold Member on Mar. 3, 2013 at 4:06 PM

Totally depends on your state.  Colorado does not force child support to be paid after 19 or graduating from high school which ever comes first.....unless of course you have it in the divorce agreement.

momof6nokc
by on Mar. 3, 2013 at 4:40 PM


Quoting Lorriane:

Check your parenting plan and see what it says. I had it put into the parenting plan that my ex would pay cs until our son graduated from hs or turned 19 which ever came first. In most states you can put into the parenting plan that it continues through college.

True, but dad has to voluntarily agree to it.  If the state has no provisions/laws mandating that CS be paid while the child goes to college, the mother can't unilaterally decide that she'll just put it in the parenting plan.  DAD HAS TO AGREE TO IT.

If dad doesn't agree?  You are out of luck.

Some states are passing CS laws that increase the length of time that CS is to be paid, however if the law was not in effect at the time of the court order then you are out of luck.  The laws are not retroactive.


**Just call me Stuart**

Mommyagain39
by on Mar. 3, 2013 at 4:50 PM

depends on your state.. N Y is 21, but most are 18.

nailz98
by Member on Mar. 3, 2013 at 7:02 PM

PA is 18.

TJandKarasMom
by on Mar. 3, 2013 at 7:06 PM

As far as I know it stops when the child turns 18 or is no longer in high school(graduates or drops out)-whichever is later.

Was your most recent order in Ohio?  If so, then I would go with the "Ohio revised code 3119.86" if not, then look for the child support code in whatever state it is ordered from.

CampClan
by Bronze Member on Mar. 3, 2013 at 7:48 PM

They were both set in Ohio. Oldest is from a previous relationship & the other 4 kids are from my marriage. So his is seperate from the other 4.

Quoting TJandKarasMom:

As far as I know it stops when the child turns 18 or is no longer in high school(graduates or drops out)-whichever is later.

Was your most recent order in Ohio?  If so, then I would go with the "Ohio revised code 3119.86" if not, then look for the child support code in whatever state it is ordered from.


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