Son still wants to live w/me


#1

If I remember your situation correctly, mom set this situation up to be able to receive one more year of child support…(?)

At 18 he is legally an adult, regardless of whether he is still in school. He can live whereever he wants. Child support can be paid directly to him. I suggest discussing with an attorney the situation with the schooling…
At the very least, when he moves to live with you, file for modification of child support. Since the ex is so determined that child support continue until he graduates, it may be that she ends up paying you for that extra year she set up so strategically. I wish all parents that use child support inappropriately would have the situation come back to bite them so effectively…


#2

Once your son turns 18 he is considered an adult and he can live where he chooses. If he chooses not to live with his mother child support will end, though you will need to seek a court order terminating child support in order to be cleared of your obligation. One of the factors that terminates child support is a child making his place of residence in a home separate from the payee, regardless of the child


#3
quote:
[i]Originally posted by stepmother[/i] [br]If I remember your situation correctly, mom set this situation up to be able to receive one more year of child support...(?)

At 18 he is legally an adult, regardless of whether he is still in school. He can live whereever he wants. Child support can be paid directly to him. I suggest discussing with an attorney the situation with the schooling…
At the very least, when he moves to live with you, file for modification of child support. Since the ex is so determined that child support continue until he graduates, it may be that she ends up paying you for that extra year she set up so strategically. I wish all parents that use child support inappropriately would have the situation come back to bite them so effectively…


Stepmother,
She doesn’t necessarily want additional child support though it would not surprise me if she did eventually…which I would have no problem doing. What I was initially trying to find out in my earlier posts was if I could stop child support once he turned 18 even though he would still be in school [:)] My son desperately wants to move in with me. He says he’s so much happier here than in North Carolina.

Just so I understand both of you guys, my son can choose to live with me once he turns 18 even though he would still be in school??


#4

Yes sir. He can choose to live with you because he is legally an adult. You will need to file with the court to modify or cease child support, since he’s still in school. Child support can cease being paid to the parent at age 18, and go directly to the child if still in school, but that may need to be cleared with the court also…
I’m glad that your son understands the need to discuss this with his mother and to try to get her to support his decision, but it is ultimately his decision and there is nothing that she can do after he turns 18.

I understand that most parents do not have a problem or consider it a burden to finacially support their children. I was not suggesting that you did. I simply think that there are a lot of parents, especially when a child gets older, begins to work and buy their own things, that the parent no longer needs all the money that is paid to them in child support. Just my opinion…


#5

I agree with you stepmother [:D] I understood where you were coming from so no worries [;)]

I had my son read this thread this morning and he was excited. I told him not to say anything to his mom right now but to instead talk to her when he gets home. There are some other things he needs to consider before he makes his decision such as him leaving that school early. It’s a great opportunity for him but right now he’s not happy at the school. So I told him to think about it and if needed to talk, he could call me anytime.

Thanks guys![:)]


#6

My oldest son who will be 17 in a month, has been wanting to live with me and my wife in Oklahoma for some time now. He’s currently living in Sanford with his younger brother and mom (my ex-wife). He’s not happy in NC, happy with his school or happy with living w/his mom. I asked the question before about taking his mom to court so he could tell the judge he wants to live with me but the answer I received wasn’t that comforting. So my question now is this, when he turns 18, he will still be in high school (he’s technically in Early College) but will NC recognize him as being a legal adult? The point I’m trying to get to is, when he turns 18 can he up and move to Oklahoma without his mother’s consent even though he will still be in school? He’s currently a Junior so he’ll turn 18 during what would be considered his Senior year but this early college program he’s in may require him to attend school one more additional year past his Senior year leaving him with 2 1/2 years of school from this point.

I’m trying to find some options for him to consider. He’s currently with me right now for his Christmas break but when he gets home he’s going to try to talk to his mom about living out here but in his attempts in the past, his mom quickly shoots down the idea and won’t even consider it or talk with him about it.