CS After Failure to Graduate
My OH has two kids, 12 and 14. They are here EOW so his ex is solely responsible for getting them to school. Since early elementary school she has a problem with bringing the kids late or just not bringing them to school at all (which is strange because she didn't work and has a vehicle). There were over 30 instances in one year. The school is concerned. The kids are healthy so there's no reason for the absences.
Neither child is living up to their potential and my SS is doing very poorly grades wise. He is unable to sign his own name and doesn't know what "biology" means. SD does ok overall in school but doesn't do her homework.
The ex took off for a year and the kids lived with their grandmother (without my OH's knowledge, long story involving extreme PAS). During that time the kids were never late and had only 1-2 absences.
In our state, child support must continue until high school graduation or 19 years of age, whichever comes first. Both kids will turn 19 6 months after they should graduate.
My question is...If the kids are not able to graduate on time and my OH can show that his ex did a terrible job getting them to school, will he still be responsible for child support during that 6 month window?
I was the child of a single parent and I fully expect parents to financially support their children. I don't, however, think support should be owed for a legal adult who is only still in school because the parent receiving the support didn't actually parent for many many years. OH has always paid in full and on time.
Any thoughts are appreciated. I'm happy to clarify if I skipped important details. TIA
If they are still officially
If they are still officially enrolled in school, there is probably not much he can do about those 6 months.
Yes. He is still a parent,
Yes. He is still a parent, what has he done to ensure the kids attend school? He can't sit back and say it's all mom's fault. He has a responsibility & obligation too. Has he picked them up & taken them to school? Has he taken them to the Doctor's if they were "Ill"? Has he petitioned the court for primary due to lack of attendance?
I agree it is still her
I agree it is still her primary responsibility. I know you story well, it is similar to my own although at least my SD was in college. It truly sucks.
But in terms of the court, do you think your DH will be let off early because mom won't make him go to school. This is exactly what a court will tell her DH.
^Thank you tog. At one point
^Thank you tog. At one point she had the kids afraid of their own father who doesn't so much as raise his voice in front of them.
And how is he supposed to earn $1,200/month for CS while getting them to school and doctor's appointments?
Umm...He has fought in court
Umm...He has fought in court and otherwise to see his children as much as possible. He has fought for primary custody (for this and many other even more serious reasons). She has been found in contempt many times. He has moved our family closer to them (they live over an hour away and used to live 3 hours away). He has changed jobs to be closer to them. He has driven 3 hours (one way) to their mom's town for scheduled visitation only to be stood up over and over again. He has had to literally search for his own children when they suddenly disappeared. He has had to explain to his kids why mommy told them that they should be careful because we "might kidnap them". He has begged to take the kids to therapy. He has begged to involve the kids in sports or after school activities. He has done homework with them. He has taught them almost every single basic life skill they have besides Pintrest and eating 40 McNuggets at a time. He was the only family member who showed up to his son's 8th grade graduation because mom was white water rafting with a guy. We were the only family who ever watched his daughter run track this year. Why? I'm not sure because unlike my OH who works to support two households financially, physically and emotionally, she only has to get the kids to school on time.
He has certainly not "sat back" and it is mom's fault.
""Winning" means minimizing
""Winning" means minimizing her influence in your life to as close to zero as possible."
Wiser words never were said. Thank you for understanding.
"Neither child is living up
"Neither child is living up to their potential and my SS is doing very poorly grades wise. He is unable to sign his own name and doesn't know what "biology" means."
Just wondering if SS has ever been tested for a learning disability?
The funny thing is he was
The funny thing is he was tested years ago. No disability which wasn't surprising. His issue is a parenting one, not a learning one. But during a 10 min eval some lady decided that he has a very high IQ. I doubt this is actually the case. Now EOW for the last 6 years I have to hear about how he's a genius. A genius who can't get good grades, do even average on standardized tests, pair socks or sign his own name. He'll be the genius asking if you'd like fries with that.
If he had wanted to keep his
If he had wanted to keep his spermidiot on the hook my SS could have nailed biodad for CS until he turned 22. The difference being that instead of going to my wife the money would have gone directly to the Skid as long as he is a full time student in good standing.