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Family Forum / Marriage / Divorce / February 2008child support termination?
I live in Missouri. I have a question I can't seem to find an answer for. My son is 19 years old. He completed one semester of college, and decided to join the Navy Reserves. He will be at basic training and job training for the next 6 months, so he is missing one semester of school. While he is considered "active duty" during training, he is inactive when he returns. He will also be resuming college classes upon his return. Does child support end now that he has joined the Reserves? I was told that the Reserves are similar to the ROTC, which child support does not end upon joining. I just can't seem to find a straight answer. Thanks! Dumb question, but why would you WANT to stop supporting him at this point. He hasn't stopped his education. He's doing something that can pay off in many ways later in life, and he's planning on returning to regular school in a defined time frame. Its not like this 6 months is time off. As long as he's doing something that is contributing to his development and education, and making him fit for the adult world, I'd be supporting him. If he quits everything and gets a job (or worse, starts sleeping all day and doing nothing), then you stop. As it is, I'd say this is a young man to be proud of, and help support. M On Jan 12, 1:12 pm, Mary_Gor...@tvo.org wrote: > Dumb question, but why would you WANT to stop supporting him at this > point. He hasn't stopped his education. He's doing something that can [quoted text clipped - 11 lines] > > M I should have added this. I'm the custodial parent, and my ex-husband is claiming the child support ends now that he's away at basic training. The Navy Reserve officer who recruited my son also says he is considered "active reserves" right now, and my ex seems to think this means child support stops. I obviously disagree, and I just want to get my facts all straight for whatever he's going to pull next. :) > I'm the custodial parent, and my ex-husband is claiming the child > support ends now that he's away at basic training. The Navy > Reserve officer who recruited my son also says he is considered > "active reserves" right now, and my ex seems to think this means > child support stops. I obviously disagree, and I just want to get > my facts all straight for whatever he's going to pull next. :) I'm from a state where support automatically terms at age 18, unless otherwise agreed, so I can't help you with this particular issue. But I want to say this: My current wife was overly dependent on her ex's C/S. Meager as it was. She tried to maintain her kids in the style to which they were accustomed in their former marital home, which ran her into serious debt (five years later, we're still working on it). Then the C/S ended, and she had to scramble to avoid bankruptcy. What I'm saying, IOW, if you are relying on this C/S to maintain a home for the both of you. Stop and think about the day when there is no C/S and adjust your lifestyle accordingly. If he's in the military, I'd say your ex is correct, and most likely, so will any judge that sees this. On Jan 12, 1:12 pm, Mary_Gor...@tvo.org wrote: > Dumb question, but why would you WANT to stop supporting him at this > point. He hasn't stopped his education. He's doing something that can [quoted text clipped - 11 lines] > > M I should have added this. I'm the custodial parent, and my ex-husband is claiming the child support ends now that he's away at basic training. The Navy Reserve officer who recruited my son also says he is considered "active reserves" right now, and my ex seems to think this means child support stops. I obviously disagree, and I just want to get my facts all straight for whatever he's going to pull next. :) > If he's in the military, I'd say your ex is correct, and > most likely, so will any judge that sees this. JR, which "ex" do you mean... CP who wants the CS to flow or the NCP who wants it stopped? The OP is the CP. She's wanting to keep it going. Her ex is wanting to stop paying, and I don't know any parents receiving child support for children that are serving in the military. >> If he's in the military, I'd say your ex is correct, and >> most likely, so will any judge that sees this. > > JR, which "ex" do you mean... CP who wants the CS > to flow or the NCP who wants it stopped? > The OP is the CP. She's wanting to keep it going. > Her ex is wanting to stop paying, and I don't know any parents > receiving child support for children that are serving in the military. This sounds like one of those situations where the OP needs to re-read the decree and if unclear, seek the advice of a <gasp> attorney (rather than rely on us armchair quarterbacks). I'm pretty sure she's going to be sorely disappointed that her ex is right. Military service, you have to be an adult to be enlisted, even in reserves. You'd be hard pressed to find a case where this wasn't the case. Boot camp isn't any shorter for reservists than it is for active duty personnel, then there is the military schools afterwards for the specific rates. These aren't considered college, where a parent is entitled to CS, since the welfare of the soldier/sailor is taken care of by Uncle Sam, and not the parents. I don't know how a judge could rule for her. I think it's just wishful thinking on her part. >> The OP is the CP. She's wanting to keep it going. >> Her ex is wanting to stop paying, and I don't know any parents [quoted text clipped - 3 lines] > re-read the decree and if unclear, seek the advice of a <gasp> > attorney (rather than rely on us armchair quarterbacks). > I'm pretty sure she's going to be sorely disappointed that her ex is > right. [quoted text clipped - 16 lines] > > re-read the decree and if unclear, seek the advice of a <gasp> > > attorney (rather than rely on us armchair quarterbacks). "Ex" takes on a whole new meaning here. My money is on the recruiter having to blow out the flames on the kids signature. With that said, I wish the kid luck and success with HIS future. Yes, recruiters are quick to sign the kids up for service. A lot of things change when they sign on the line. >> I'm pretty sure she's going to be sorely disappointed that her ex is >> right. [quoted text clipped - 13 lines] > signature. > With that said, I wish the kid luck and success with HIS future. For all intense and purposes when someone enters the millitary and goes in for training (6+ months) they are a "veteran" after only serving 6 months whether that is in training or otherwise and Federal guidelines for FAFSA (which is the application process for Finicial Aide for college) recognizes the 19 yr old as INdependant (as apposed to 23 if he/she was not a Veteran/Married or had a child) So if I had to guess since the Federal Government sees him as INdependant the state also would for Child Support. My guess is Child Support is going to stop as of the day he leaves whether he is in school or not. Besides if he is in the service why would you need child support? I mean they feed him, clothe him, house him, what expenses can you actually claim??? I am a custodial father of 3 and my support stops at 18 and graduated from High School (and upto 19 1/2 if they are still in High School Full time and expected to graduate before 19 1/2) My oldest Graduated in May 2007, turned 18 in October of 2007, and is leaving for the Air Force in the next few weeks. However the child support ended in October even though she is still under my roof and is not working. I am thinking that your living off the child support yourself? Robert On Jan 12, 1:12 pm, Mary_Gor...@tvo.org wrote: > Dumb question, but why would you WANT to stop supporting him at this > point. He hasn't stopped his education. He's doing something that can [quoted text clipped - 11 lines] > > M I should have added this. I'm the custodial parent, and my ex-husband is claiming the child support ends now that he's away at basic training. The Navy Reserve officer who recruited my son also says he is considered "active reserves" right now, and my ex seems to think this means child support stops. I obviously disagree, and I just want to get my facts all straight for whatever he's going to pull next. :) >For all intense and purposes when someone enters the millitary and goes in >for training (6+ months) they are a "veteran" after only serving 6 months [quoted text clipped - 19 lines] > >I am thinking that your living off the child support yourself? Child support is often used by the courts as "back-door" alimony. No surprize here. >Robert > [quoted text clipped - 21 lines] >this means child support stops. I obviously disagree, and I just want >to get my facts all straight for whatever he's going to pull next. :) >I live in Missouri. I have a question I can't seem to find an answer >for. My son is 19 years old. He completed one semester of college, and [quoted text clipped - 6 lines] >child support does not end upon joining. I just can't seem to find a >straight answer. Thanks! I am not a lawyer, but IIRC in Missouri child support past 18 depends on what it says in the decree that ordered the support. In other words, support past 18 and into the college years is only if it says so in your decree, not automatic - so you need to take a look at that and see exactly what it says, before you can determine whether this one semester break for reserve training will end the support. BP > On Sat, 12 Jan 2008 11:00:47 -0800 (PST), twister_an...@yahoo.com > wrote: [quoted text clipped - 18 lines] > > BP Apparently in this case CS was being paid for the college kid. Is the teen getting full time pay while they're in boot camp? Wouldn't this be comparable to taking a quarter off for a short term TEMP JOB? The bureaucracy that handles CS seems to be so slow and stupid that I just can see them responding in a hyperactive way to one quarter out of college. With the current deployment needs, are new people in the National Guard able to avoid being activated for the Middle East? Don't world events make it a bad time to be thinking that he wouldn't be deployed? Another question can you still get child support if he get married and has a child while still going to college..lol Yes I am being sarcastic, I am just wondering how far some people will take this issue.. >I live in Missouri. I have a question I can't seem to find an answer > for. My son is 19 years old. He completed one semester of college, and [quoted text clipped - 6 lines] > child support does not end upon joining. I just can't seem to find a > straight answer. Thanks! > Another question can you still get child support if he get married and has > a child while still going to college..lol > Yes I am being sarcastic, I am just wondering how far some people will > take this issue.. I know someone whose ex never requested a reduction when the children reached majority or even married! She is still racking up insane amounts of CS that he refuses to pay but also refuses to go to court to ask for reduction. Two freaking loons who deserve each other...... >>I live in Missouri. I have a question I can't seem to find an answer >> for. My son is 19 years old. He completed one semester of college, and [quoted text clipped - 6 lines] >> child support does not end upon joining. I just can't seem to find a >> straight answer. Thanks! >> Another question can you still get child support if he get married and has >> a child while still going to college..lol [quoted text clipped - 5 lines] >CS that he refuses to pay but also refuses to go to court to ask for >reduction. Two freaking loons who deserve each other...... But ya know, he should not HAVE to ask! Conditions of reduction and termination of ALL kinds of support should be manditorily included in the orders by law! And there effectivity should be automatic. If the monney grubber wants to drag theri a.s in front of a judge to explain why support should continue, then fine. I agree that the scenario you describe is indeed a pair of loons! In that case, the ex-wife is a leach, and the ex-husband is great a shooting himself in the foot! It always irked me in my divorce that I had to keep going back to court to re-hash the patently obvious - or should I say that the ex kept dragging me back to court to try and re-hash the obvious! In the end a judge saw that what she was trying to do was get an open-ended "interm" order for "spousal support" while she was NOT trying to move the divorce forward even though SHE filed for it. The Judge actually ORDERED the divorce to proceed, did NOT grant her ongoing support in the interm, and told her if the divorce did not proceed on the agreed upon date that she would not get spousal support! It is amazing how the ex could get her a.s in gear when a judge put the gun to her head! And there are so many money grubbing ex's out there... <sigh> >>>I live in Missouri. I have a question I can't seem to find an answer >>> for. My son is 19 years old. He completed one semester of college, and [quoted text clipped - 6 lines] >>> child support does not end upon joining. I just can't seem to find a >>> straight answer. Thanks! > >> Another question can you still getchildsupportif he get married and has > >> achildwhile still going to college..lol [quoted text clipped - 47 lines] > > - Show quoted text - Here's your answer... Termination of Child Support Obligation. Unless the circumstances of the child manifestly dictate otherwise and the court specifically so provides, the obligation of a parent to make child support payments shall terminate when the child: (1) Dies; (2) Marries; (3) Enters active duty in the military; (4) Becomes self-supporting, provided that the custodial parent has relinquished the child from parental control by express or implied consent; (5) Reaches age eighteen, unless the provisions of subsection 4 or 5 of this section apply; or (6) Reaches age twenty-two, unless the provisions of the child support order specifically extend the parental support order past the child's twenty-second birthday for reasons provided by subsection 4 of this section. If the child is physically or mentally incapacitated from supporting himself and insolvent and unmarried, the court may extend the parental support obligation past the child's eighteenth birthday. -From Section 452.340 of the Missouri Revised Statutes. I'm not going to tell my ex or her ex; let the two loons play silly games forever. Right now, her ex is paying for a 24yo lazy fat bitch to eat, watch the Sopranos, and buy socks..... "whatamess" <mudanzapr@yahoo.com> wrote Here's your answer... Termination of Child Support Obligation. Unless the circumstances of the child manifestly dictate otherwise and the court specifically so provides, the obligation of a parent to make child support payments shall terminate when the child: (1) Dies; (2) Marries; (3) Enters active duty in the military; (4) Becomes self-supporting, provided that the custodial parent has relinquished the child from parental control by express or implied consent; (5) Reaches age eighteen, unless the provisions of subsection 4 or 5 of this section apply; or (6) Reaches age twenty-two, unless the provisions of the child support order specifically extend the parental support order past the child's twenty-second birthday for reasons provided by subsection 4 of this section. If the child is physically or mentally incapacitated from supporting himself and insolvent and unmarried, the court may extend the parental support obligation past the child's eighteenth birthday. -From Section 452.340 of the Missouri Revised Statutes. > And there are so many money grubbing ex's out there... > > <sigh> Yup. Three years ago, I was a grieving widower worth nearly $400K. By December, I'll be worth $100K.... She is the biggest freaking gold-digger in America today...... |
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