what happens if it is not stated in support order

[NCPhelp]

Would my husband have to end up paying for education expenses if it is not stated in his current support order?

Our situation: Husbands son graduated from high school in June 2005, started working and worked for about 3 months. Quit his job here in New York and moved to North Carolina, took a job down there doing auto body work. Worked 2 months, got laid off. Decided to move back to New York. His mother is here in New york and so are we. He just got back a few days ago. What happens if he decides to go to some trade school for additional training? Are we obligated to help pay for that. There is nothing stating college or continuing education in my husband's support order. They were never married so there is not divoce settlement or decree either??

Thanks,

 

[MandyD]

I don't know if there is a standard rule in NY regarding continuing education, but I do know that support continues in NY until the age of 21.

 

[stealth2]

You're not obligated to pay anything. Your husband, however, is likely going to be obligated to pay support until his son is 21. And if he decided to quit paying when the kid moved, he's in contempt.

 

[NCPhelp]

reply to Mandy

Yes it does. We went to go see my husband's lawyer in August right after his son graduated from high school to see if we could get it terminated for he was not going on to college, he was living on his own, working full time. The lawyer said the age of majority in NY is 21. He said we probably could take the Mom to court and request to get it terminated on those grounds but he said it would cost us about $3-5,000 to do so. So we figured why bother, just pay the support for the next 19 months and be done with it. His payment is quite reasonable so we are just waiting it out. 19 more months to go and he will be 21.

We don't want to be accused later on that he did not fulfill his financial obligation to this child. We have done everything the mother has asked, paid everything she has requested. He is not in arrears, has the payment garnished, so we are never late or behind.

 

[NCPhelp]

stealth2

I know I am not obligated and my husband is. I was just asking the question for him. He isn't too good on the computer, if you know what I mean. No, he didn't stop paying at any time. His wages are garnished and the support is sent directly to the mom from the Support Collection Unit.

We are going to pay it until he turns 21 in another 19 months. Then we can get it stopped once and for all.

It just seems weird I hear of so many people that had their support stopped when the child graduated from school. Oh well. All's I can say is the end is near.