Re: CS after 18

[Freedom]

You can be sure, just like other analogous situations in support, that the
laws override anything else.

"The Dave©" > wrote in message
s.com...
> Just curious, but this question popped in my head. In states that allow
CS
> through college, what normal happens if the kid is already 20 yrs old and
> has been going to college and is basically self-sufficient when the
parents
> separate or divorce? Does the state mandate "support" until they're 21 or
> 24 or whatever it is?
>
>

[Bob Whiteside]

"The Dave©" > wrote in message
s.com...
> Just curious, but this question popped in my head. In states that allow
CS
> through college, what normal happens if the kid is already 20 yrs old and
> has been going to college and is basically self-sufficient when the
parents
> separate or divorce? Does the state mandate "support" until they're 21 or
> 24 or whatever it is?

In my state there are two CS laws related to divorced and never married
parents. One applies to minor children under the age of 18. The second, is
for 18-21 year old adult children continuing their post-secondary education.
The case law I have seen considers the adult child education based support
to be an extension of the under 18 CS.

There was one case where the Appeals Court ruled the adult child CS law
could not be used to create a new CS order. That case involved a student
who stopped going to college post-18 (a reason in the law to stop CS
accruals) and then restarted later and tried to get CS reinstated. Of
course, it always comes down to the circumstances and what a judge orders,
and judges don't always follow the law or the case law.