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Child Support for 20 year old attending Highschool

thebrokenrecordmachine's picture
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Hi Everyone,
Hoping someone out their can point me or at least guide me into what is to happen (likely).
I am in Canada- anyways, SD who will be turning 20 this year is still in Highschool it seems she has btwn 21-24 credits out of the 32 she needs. She has stopped going to school regularly since 2013 and enrolled in alternative schools etc apparently because of "depression". SD had a job when she turned 18 and started working in addition she also got her drivers license...it seems someone that emotionally distraught wouldn't be able to function normally, ie work, get a drivers license- but again I'm not a psychiatrist or judge/lawyer...what would the likelihood of her continuing to get support be?
Also , SS who was living with us recently and went back to BMs after she manipulated him back, she abandoned him in a parking lot...she also kept receiving CS from SO when he was living with us and fought with the agency that deals with CS that, CS should continue for SD as shes in school, suddenly full time. Now, SS is back with BM- she has alienated the kids and we know for a fact he has 13 credits out of 32, he has almost enough to pass grade 10...
SD has enrolled in an adult highscool after SS was kicked out...this is to prolong CS...hard to prove that in the court, but historically the kids have missed between 30-60 days going back from grade 4...any help would be great...sorry if I'm not articulating myself well.
I recently discovered that they could get their GED which would be less of an emotional stress on SD and also, after the age of 19 you are able to attend college or university without a highschool diploma- so why are you going to an adult highschool, oh yeah, to keep the CS to go longer...just want to know is SO paying BM more, he also makes about 30,000 more now than when the court order was finalized in 2015 and we have a dd almost 3. Thnaks

Rags's picture

Wow. I am sorry to hear of this blended family train wreck.

Though we are not in Canada... at least in the US it is fairly common for a CS order to require CS until age 18 or High School graduation whichever is later. That is how my SS's Custody/Visitation/Support order was worded as far as duration of CS was concerned. He graduated at 17 and CS continued until his 18th B-day 3mos later.

He could have nailed his BioDad for CS until age 22 had he chosen to. But... he allowed them to guilt him into ending CS at age 18 rather than keeping them on the hook for CS through college (age 22). To continue CS past 18 SS would have had to be a full time college student in good standing with his college/university. Had he done that CS would have stopped going to my wife on SS's 18th birthday and would have gone directly to SS.

I would suggest that you consult with an attorney to determine if there is anything you can to do get the 20yo emancipated and end CS. Her proven lack of focus and progress in completing HS should be relatively easy to demonstrate through copies of her academic performance and attendance records.

This could act as a good lesson for the younger Skid as well since if you can successfully get SD emancipated and CS ended it can be held over SS's head if he doesn't step up and get his HS act together.

Good luck.

notsobad's picture

You know that if they go to post secondary, University, college, tech school, CS continues till they graduate or reach 24 years old. Your DH would also be responsible for a portion of tuition to post secondary, in addition to CS!

If the goal is to pay BM less, then you want them to get through HS but not go on to post secondary.
Don’t worry, it will end.

No Name's picture

My experience with CS with the skids post high school is that all three lied. Provided proof that they signed up for classes with the local colleges but the whole point was to continue CS. They lied. OSD lied and we did not find out for two years that she only went for one semester and we paid support for her for these two years. MSD lied and attended only a few weeks. We paid support for one year. SS lied, never attended and we found out at the end of the first semester. We petitioned the courts for emancipation and he ran to another local college to sign up so that support would continue but he was too late in signing up. He was emancipated but it took almost a year but then he went to yet another college and signed up. I guess BM was going to try again for support but then he started working and never followed through with it.

You may have a problem getting them emancipated as it seems that the courts want these kids to finish high school but surely they cant expect them to take years to complete.
Maybe you could find an attorney who offers free consultations to find out where you stand. If SD is employed that may be your way to have her emancipated.
If you go back to court to have SD emancipated they will most likely review your finances in order to make a determination on what you will have to pay for your SS.
So you may end up paying more for just SS. It's just so hard to guess what could possibly happen. The only thing is that you are almost at the end of this long financial road and it will end.
As far as your little one, some times the courts take that into consideration and sometimes they do not. My X had been married prior and was paying support for two children. Many times he was working part time and after paying support was bringing home between $9.00-$11.00 per week. The court didn't want to hear it and didn't care that we had a baby at home. They stated first in birth, first in right. Good luck to you.

thebrokenrecordmachine's picture

thank you everyone
SS does not go to school and is turning 18 this month...his best option is a ged.
and yep- i know about cs post secondary...what his kids are doing is delaying their highschool so they can get CS continuing for that B,their mother until they're in their mid 20s and graduate from something...theyll take their sweet time.
what ive doscovered is that you dont need to complete your highschool to get into university or college...you can apply as a mature student...at 19...why stay in highschool when your turning 20? you can go to college or uni- without it
SOs situation is more than just a train wreck...at times it cant be described.
again thanks for everyones help.

notsobad's picture

You might be able to go to Uni or college as a mature student but you won't be getting CS if you apply as a mature student.
To applying as a mature student you have to be emancipated.

Sounds like the only way they'll get CS for any amount of prolonged time is to stay in HS.

thebrokenrecordmachine's picture

thank you everyone
SS does not go to school and is turning 18 this month...his best option is a ged.
and yep- i know about cs post secondary...what his kids are doing is delaying their highschool so they can get CS continuing for that B,their mother until they're in their mid 20s and graduate from something...theyll take their sweet time.
what ive doscovered is that you dont need to complete your highschool to get into university or college...you can apply as a mature student...at 19...why stay in highschool when your turning 20? you can go to college or uni- without it
SOs situation is more than just a train wreck...at times it cant be described.
again thanks for everyones help.

invisastepmom's picture

My SS quit school 2 yrs ago. 20 now and my DH is still paying child support to GUBM. "Just until he can find a job". Hard to do when smoking pot all day.