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The road my wife and I are on is pretty rocky these days..we have a 10yr old and a 17yr old ( soon to be 18 ). CS for the 10yr old is a given...but if the 17 turns 18 and then we part ways , do you even file for cs on a 18yr old..??? From reading the boards it looks like it continues while a older child is in college..and they have to produce trans scrips to keep it going. And the big question I have is about the house.. we bought the house in 2k4.. I refinanced in 2k8 so there is now 29yrs left on the mortgage.. we never did have a lot of possessions ( I own 3 older cars and a boat..all bought while married . wife pays a car note on 1 car ) but I want to keep the house..She makes money but the house could be a strain on her..Looking for answers as to the way the house is distributed when there is still a large payoff time still left on the home...thanks

You're correct on the CS portion. However, if she cannot afford to pay her share of college expenses, and you two agree that they won't be included, then the judge may not force the issue. The child support is enforceable until the child reaches 21 years old or stops going to college full-time. I believe it's only 9 hours required if the child is working more than 15 hours a week.

I think it would be beneficial to have the house reappraised to see if it lost more value over the past year. Say for instance you refi'd and the house appraised for $200,000. If the loan on it is $120,000, then there is $80,000 in equity that would be split, 50/50. Meaning if you bought her out and kept the house, you owe her $40k. Let's use the same example and have it reappraised at current values. Values have continued to plummet. Say it comes in at $190k. That means you're splitting $70k in equity and owe her $5000 less. It should end up that both parties agree on the appraiser and split the cost of the appraisal. This may not be in her best interest and I suggest her attorney will tell her so. However, it's what is fair in the current economy. Insist on it.

On the other hand, if the loan is for $200,000 and the house only appraises for $190k, that opens up a whole new can of worms.

Payoff time is irrelavent. It all depends on the current equity in the home. Understand, though, that while she's not living there, if she chooses to separate and move out, she probably won't be contributing to the household bills, yet she will still get credit for your principal payments on the loan/equity.

Just an FYI any equity in the house (or other possessions for that matter) may not be a 50/50 split. Equitable distribution does not mean that the property is always split 50/50. There are certain things they take into consideration when dividing marital assets and if compelling evidence can be given that would show a split contrary to 50/50 the Court certainly can do that.

Yes, you're correct. For instance, I kept the house and the kids from my marriage. My ex was able to spend her retirement accounts while the divorce was going through court because she didn't need my signature to cash in a couple of accounts under $5000.

However, they felt sorry for her because she had been moving non-stop and job-hopping during the divorce and didn't count her withdrawls against her. I, on the other hand, wasn't able to do the same thing because we had tapped my retirement for a loan so we could buy her another car. I got stuck paying the loan, she traded the car for another car, and she got more than half of my retirement account. She got half of it, and then an amount equal to half of the equity in the house, payable in cash and a QDRO on my retirement.

So yes, it's not always fair, but after two years, I was just happy to be done with her. Of course, I soon learned I would never be done with her. Maybe after the kids are completely grown....

In theory though, marital property is an equal split. When I went through mine, infidelity was not a consideration for inequitable distribution of assets. Squandering wasn't even considered. She received absolutely no admonishment for spending her retirement accounts. I was still held to the "she gets half of everything" rule, though.

Child support in Missouri continues until a child is 21 under some circumstances. After 18, the child must meet the notice and enrollment requirements of the statute.

A divorced parent's obligation towards post-secondary education is a separate issue. While CS is most often determined by the formula dictated by Rule 88.01 and Form 14, contribution to post-secondary education by each of the parents post-divorce is determined by financial ability. In Missouri, its limit is usually one-half of tuition and books and fees at UMC, UM-KC, or UM-St. L. after application of all non-loan financial aid.

Ms. Corley,

Here's a hypothetical...

Say the child doesn't provide the schedule or refuses to provide the grades. By rule, that emancipates the child. Does that emancipation only apply to child support, or does that also apply to the college expenses?

I'm sure most parents don't want to finance a 3-4 year party.... College is expensive.

Do you have that statute handy?

Thanks!

Property distribution in Missouri is "fair and not unconscionable". That is to say, there is no "set" or pre-determined distribution of assets. The court looks at all assets and determines what the fair and not unconscionable distribution would be.

As for the 18 year old, if the 18 year old graduated from HS this year and enrolls in post-secondary education by October 1 of this year, that child is entitled to continued support as long as he or she meets the notice and enrollment provisions. These have changed, so you or your attorney should familiarize yourselves with the current provisions of the statute.

The provisions regarding payment of post-secondary expenses are usually a separate clause of the parenting plan and are NOT dependent on meeting the notice and enrollment provisions of the statute. I would think that the obligation continues even if the child support obligation stops. I have never had such a case, though, and have not researched it.