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Child Attending School Support Calculations

still learning's picture

Just a few questions:

Will the fact that a CAS who is attending university on scholarship affect the calculations?  

Will CS be modified from date served or can the other party argue to have it waived until after the judgement is entered?

Would you negotiate to give the other parent one weekend a month even though you know they want it purely for calculation reasons and will rarely or never exercise those visits?  Father in this case has exercised ZERO overnights since a short visit last summer, it's been almost a year.  My concern is that my son will be let down even more than he already is if his father bails on him every month.  

Thanks for any input and/or experience!

ESMOD's picture

The first couple of questions.. might be best answered by your lawyer since it could vary by jurisdiction.

But, should you give your EX more time when they aren't exercising what they already have?  I would hope you have documented exactly what they have exercised in the past.. and that you can prove you made the child available.

But.. no.. I wouldn't give them more time if they aren't exercising.

tog redux's picture

What's a CAS?

Here, CS goes back to the date filed. 

Yes, I would give him one weekend a month, better to have him not use it then tell your son you refused to let him have any time with him -plus, no court is going to let you refuse the other parent any time.  If anything, negotiate that the one weekend won't change CS any.

lieutenant_dad's picture

This kid is an adult, though. I'm confused as to why overnights are included at all for visitation purposes. Is that common? Here, CS modifies downward when a kid goes off to university.

still learning's picture

I should have been more clear there are two kids involved.  The visitation is in regards to the child who is a minor and the other is attending college 

Rags's picture

The answers to your questions are primarily jurisdictional IMHO.  Different jurisdictions have different guidelines.

For my SS, the Spermidiot would have been on the hook for full CS from SS's 18th through 22nd birthdays if SS had demanded that CS continue if SS was a full time student in good standing with his school.  The difference being that CS would have gone directly to SS instead of to my wife and... there would have been no visitation requirement once SS turned 18.

Once an older child ages out from under the CO and CS is no longer applicable for that kid either parent can file for a review of CS for remaining minor children.  CS will likely drop. But... not necessarily.

As for the overnights, since past behavior is the best indicator of future behavior I would not offer any visitation and in fact would present the non participating BioDad's failure to engage with the kid as justification to raise CS due to lack of parenting time by the absent parent and justification for zero CO's visitation. It is not likely for a court to actually order zero visitation.  I would force the other parent to step up and fight your position of high CS and no visitation.  If he is a no show, which is likely, that cedes far more control to you which you can use to protect your younger child(ren).

IMHO of course.