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  1. #1
    Join Date
    Feb 2007
    Posts
    2

    Default Do you still pay arrears after the child turns 18

    I was just wondering are you still obligated to pay arrears after your child turns 18.

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,620

    Default Re: Do you still pay arrears after the child turns 18

    Yes, you are.

  3. #3
    Join Date
    Jul 2006
    Posts
    5,438

    Default Re: Do you still pay arrears after the child turns 18

    Quote Quoting aaron
    View Post
    Yes, you are.
    Absolutely correct.

    Paying on the arrears is paying on an existing debt.

    So it is irrelevant how old the kid is.

  4. #4
    Join Date
    Oct 2006
    Posts
    4

    Default Re: Do you still pay arrears after the child turns 18

    I can see having to pay the arrears amount.

    But I have a question that is regarding support. What if the child turns 18, and in the divorce decree it states: Support for the child shall be payable until the first of the following occurs: the child dies, marries, or is no longer a full-time studen under the age of twenty-two, or reaches age 18 and is no longer a full-time student.

    One question is does this mean for high school only or if the child decides to go to college full-time, then the child support still has to be paid until he/she turns 22, as long as there is proof they are still in college?

    What if the ex decides that your child support isn't enough to cover college expenses. Can he/she take the ex back to court to get more child support money from the other parent? Just questions that will be coming up for me in the near future and this looked like a good place to start. Thanks for any advice!!!

  5. #5
    Join Date
    Oct 2005
    Location
    Massachusetts
    Posts
    755

    Default Re: Do you still pay arrears after the child turns 18

    If the child is 18, and finishes high school, and goes to college in the fall, then you still need to pay child support until the child turns 22, or drops out of college.
    If the child decides to "take a year off" after high school, then you won't have to pay support anymore. Once a child in emancipated, then no more child support, ever.
    If you don't already have wording somewhere about how to share college expenses, then you can expect to be back in court before college.
    Usually, ex's go back to court to discuss college, during the childes sophomore or junior year in high school.
    How the judge will work out the problem of college money, is a crap shhot, depending on your income, your lawyer, and how unfriendly your state is to NCP's.
    1)You will either have to pay the same in child support, and still pay for 1/2 of college.
    2)Your support may drop down to zero, and you have to pay 1/2 of college.
    3)Or, somewhere in the middle of 1 and 2
    You will still owe the arrears no matter what happens, and if you go into court, in arrears, well, lets just say that, the judge won't like that too much.

  6. #6
    Join Date
    Oct 2006
    Posts
    4

    Default Re: Do you still pay arrears after the child turns 18

    Dad2:

    Thank you for the response! I am just about finished paying off a garnishment from years ago. I pay my child support monthly and meet that obligation with no problems. After my child turns 18, I suspect the state will continue to deduct the child support payment, correct? I guess I better try to get yet another lawyer to try to hash this out. I would think that what I will be sending in child support would cover some college expenses, although I am on my own going to pay for some of the expenses. I wonder if the court continues to take out the CS how will they ever know that the child is still attending full-time or not. If I know my ex, she will keep sucking me dry. My child and I have an okay relationship, but if it meant to
    keep money coming, my ex would do just about anything to make it happen.
    Thanks for the feedback!!

  7. #7
    Join Date
    Oct 2005
    Location
    Massachusetts
    Posts
    755

    Default Re: Do you still pay arrears after the child turns 18

    The state will keep taking your money until you ask them to stop, and the only way they will know to stop, is if you request they do.
    If you girl doesn't attend college, wait 1 full semester, then go back to court. The custodial parent must furnish you with documents proving the the child is going to school. If she can't provide that info, then back to court you go

  8. #8
    Join Date
    Oct 2006
    Posts
    4

    Default Re: Do you still pay arrears after the child turns 18

    Dad2: Thanks again for all your advice.

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