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Family Forum / Parenting / Parenting / September 2009PING: BOB W
Hi, Bob. Got a question for you. My husband's daughter is 20--will be 21 in April. She is going back to school at the end of Sept. I know that, according to the law in your state, April is the outside limit of his financial responsibility for her. What can we expect to happen now? The child's mother called today asking him to put his daughter on his health insurance, but, unless she is a dependent, he can't Besides which, his insurance is an HMO, just in this area. We would just like to know what to expect. Thanks! TM > Hi, Bob. Got a question for you. My husband's daughter is 20--will > be 21 in April. She is going back to school at the end of Sept. I [quoted text clipped - 4 lines] > can't Besides which, his insurance is an HMO, just in this area. We > would just like to know what to expect. Thanks! TM Your question is more about tax law than CS law. The state's CS order will be terminated at age 21, but your husband can elect to continue healthcare coverage for his daughter after she reaches 21 and is a full-time student until age 25. Once his daughter turned 18 the IRS child dependency definition changed from the special rules for divorced or never married parents to the support test. If your husband provides over 50% of her support she is his dependent for tax purposes. Since most CS orders require the father to provide more than 50% of a child's total expenses, once the child reaches age 18 the support test definition kicks in. (See IRS publication 504.) You can call the IRS to confirm what I am saying. If it were me. I'd make sure I filed tax returns (or amended returns) for all tax years after she turned age 18 (including the year where she turned 18 in April) claiming her as a dependent. I would not change my healthcare plan from an HMO that is best for my subsequent family and go with the wishes of the child's mother. I would tell the child's mother the daughter is welcome to be included and participate in the HMO plan but she must travel to your local area to use the plan's healthcare services. > > Hi, Bob. Got a question for you. My husband's daughter is 20--will > > be 21 in April. She is going back to school at the end of Sept. I [quoted text clipped - 27 lines] > participate in the HMO plan but she must travel to your local area to use > the plan's healthcare services. Thanks, Bob. I need to clarify something. Child support was discontinued 2 years ago, when she was 18. She did not inform us that she had graduated from high school (a year sooner than she should have--don't quite know how she managed that), so an extra 3 months of CS was paid. She has not attended school since. Now she has decided to go back. Do they have to open another case? Can they force him to pay for the intervening 2 years that she was not attending school? On Sep 1, 7:10 pm, "Bob W" <robe...@teleport.com> wrote: > "teachrmama" <teachrm...@gmail.com> wrote in message > [quoted text clipped - 33 lines] > participate in the HMO plan but she must travel to your local area to use > the plan's healthcare services. Thanks, Bob. I need to clarify something. Child support was discontinued 2 years ago, when she was 18. She did not inform us that she had graduated from high school (a year sooner than she should have--don't quite know how she managed that), so an extra 3 months of CS was paid. She has not attended school since. Now she has decided to go back. Do they have to open another case? Can they force him to pay for the intervening 2 years that she was not attending school? ====== ORS 107.108 covering CS for adult children attending school has been changed so often over the past couple of years it is hard to keep up. As I understand the current version of the law a child can stop going to school after age 18 and then resume getting CS if they re-enroll at least half time before age 21. I would think the child has to ask the court to re-instate the CS payments, not the mother, since they are no longer a minor. (I have no experience with this recent change in the law.) Also the court can be asked to require CS to be paid directly to the child. That would include both the father and mother's pro-rata share of the CS ordered. Be sure, if any court hearing is held, to insist the child be set up as the judgment creditor, and the child's mother's portion of the CS be included in the order to pay the money directly to the child. CS will end for both parents at age 21. > On Sep 1, 7:10 pm, "Bob W" <robe...@teleport.com> wrote: > [quoted text clipped - 65 lines] > > - Show quoted text - Thanks so much, Bob. We'll see if she even tries to get any more money from her dad. She has not even been accepted at school yet, but seems to think that she can start at the end of september. We're just going to have to wait to see what happens next. Thanks again for your help!! test On Sep 1, 9:36 pm, "Bob W" <robe...@teleport.com> wrote: > "teachrmama" <teachrm...@gmail.com> wrote in message > [quoted text clipped - 85 lines] > > - Show quoted text - Thanks so much, Bob. We'll see if she even tries to get any more money from her dad. She has not even been accepted at school yet, but seems to think that she can start at the end of september. We're just going to have to wait to see what happens next. Thanks again for your help!! |
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