T.R | Title | User | Personal Name | Date | Lines |
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387.1 | | TEXAS1::SOBECKY | It's complicated. | Tue May 07 1996 01:36 | 13 |
|
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
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387.2 | Resources on the Web | MKOTS3::TINIUS | It's always something. | Tue May 07 1996 07:34 | 42 |
| > 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
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387.3 | | MKOTS3::RAUH | I survived the Cruel Spa | Tue May 07 1996 07:41 | 5 |
| 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.;(
|
387.4 | thanks | QUOKKA::9882::SCHLENER | | Tue May 07 1996 11:29 | 4 |
| Thanks for the info. Actually she'll be 22 in a few months. I think her
mother wants another European vacation -).
Cindy
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387.5 | | MKOTS3::RAUH | I survived the Cruel Spa | Tue May 07 1996 11:38 | 8 |
| 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!
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387.7 | I can't wait... | QUOKKA::9882::SCHLENER | | Tue May 07 1996 15:33 | 12 |
| 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
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387.8 | Get court approval | DANGER::MCCLURE | | Wed May 08 1996 06:36 | 13 |
|
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.
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387.10 | some more info | QUOKKA::9882::SCHLENER | | Wed May 08 1996 08:12 | 9 |
| 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
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387.11 | | MKOTS3::RAUH | I survived the Cruel Spa | Wed May 08 1996 08:15 | 2 |
| When there is no by-lines in the decree, then It May default to state
defacto's. But, this can be challenged!:)
|
387.12 | | DANGER::MCCLURE | | Wed May 08 1996 09:26 | 49 |
|
.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
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387.13 | verbal | QUOKKA::9882::SCHLENER | | Wed May 08 1996 11:11 | 21 |
| 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
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387.14 | | MKOTS3::RAUH | I survived the Cruel Spa | Wed May 08 1996 12:47 | 8 |
| 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.
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387.15 | | CSC32::HADDOCK | Saddle Rozinante | Wed May 08 1996 13:12 | 13 |
| 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();
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387.16 | paying about the same | QUOKKA::9882::SCHLENER | | Wed May 08 1996 14:20 | 11 |
| 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!!!)
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387.17 | | MKOTS3::RAUH | I survived the Cruel Spa | Wed May 08 1996 14:26 | 17 |
| 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.
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387.18 | moral | QUOKKA::9882::SCHLENER | | Wed May 08 1996 14:57 | 6 |
| 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.
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387.19 | | MKOTS3::RAUH | I survived the Cruel Spa | Wed May 08 1996 15:04 | 6 |
| .18
>don't trust your ex!
or... Never give a sucker and even break.:) W.C. Fields.:)
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387.20 | Or, re-phrased, what's the point of having a lawyer? | QUOKKA::32663::WAUGAMAN | Hardball, good ol' country | Wed May 08 1996 15:13 | 14 |
|
> 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
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387.21 | | MKOTS3::RAUH | I survived the Cruel Spa | Wed May 08 1996 15:58 | 12 |
| 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!:)
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