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#221508 - 07/02/09 05:31 PM Support Obligation Question.
jedrumheller Offline
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Registered: 07/01/09
Posts: 3
I have a daughter that will turn 18 in October of this year. She will start her senior year but moving out of her mothers home to go to a different school at her grandmothers. My question is this, since she has emancipated herself from her mother but is still in high school, am I obligated to pay? The grandparents have not gotten legal rights at this point. Thanks in advance!

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#221535 - 07/03/09 04:47 AM Re: Support Obligation Question. [Re: jedrumheller]
astrolink Offline
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Registered: 06/03/03
Posts: 5742
Most states and decrees state that CS ends when the child turns 18 or finishes high school....thus you would have to pay, and it would have to continue to go the custodial parent, as in their mother. It would be up to her if she wants to forward some/all of it to the grandparents.

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#221578 - 07/03/09 10:00 AM Re: Support Obligation Question. [Re: astrolink]
jedrumheller Offline
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Registered: 07/01/09
Posts: 3
Can I send it directly to my daughter as she is 18 or do I still have to send it to the mother?

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#221582 - 07/03/09 11:06 AM Re: Support Obligation Question. [Re: jedrumheller]
jedrumheller Offline
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Registered: 07/01/09
Posts: 3
Also after further reading, my support order was through DCSE of Virginia and i t states that she has to live in the custodial parents residence.

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#221612 - 07/03/09 08:32 PM Re: Support Obligation Question. [Re: jedrumheller]
dvd Offline
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Registered: 04/02/07
Posts: 4167
It's not wise to send CS directly to child. You run the risk of still owning her mother CS and can't recoup the money you sent to your child since it will be considered as a gift. Until you have gotten a new order or be advised by your own attorney (or DSC) of where you should send, send to her mother as usual. Also, consider the fact that it will be only one more year and you will be done. Why would you want to get into legal problems and may end up costing you more.
You will never know the arrangement between her mother and grandmother. The girl may move to her grandmother's place because for some reasons she likes the school there and it benefits her (your child) but her mother may still footting the bills to the grandmother for related expenses. Even if she didn't send, and the grandmother agreed can do without, then it's between them. In that case, the grandmother made sacrifice for her daughter (the mother) and the mother can save the CS for whatever she sees fit and nothing wrong with it. The bottom line is the child is well taken care of no matter what with exact the same CS (unless the girl complained that she wasn't being taken care of).

I'm not sure the residency requirement is justified and most order doesn't mention that. Consult with your counsel.

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#221622 - 07/04/09 07:19 AM Re: Support Obligation Question. [Re: jedrumheller]
astrolink Offline
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Registered: 06/03/03
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Legally, it must go the custodial parent. If you send it to your daughter for the next year and your ex says she didn't get the support (which she wouldn't), you will owe it again to her, and with interest.

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