Can a NCP ask for Post Minority Support?

[anniewalker]

Very weird situation.  This is a friend of mine's neice.  The girl is smart, a cheerleader, an overall leader at her school.  Her mom is married to a real JERK.  He won't contribute anything to this child, makes her feel as if it is an honor that he "allows" her to live in his home.  Why the mom puts up with it, I don't know.  Anyway, it was time for the daughter to take the ACT exam and the step-dad said that he wasn't paying the fee. The mom stood by him!!! They told her that she had a job (she waitresses on the weekends) and she could pay for the test herself.  She paid it and she mentioned it to her dad.  He was LIVID.  After discussing the situation, come to find out that mom nor step-dad plan to contribute one red cent to send the girl to college. She is going to try for any and all scholarships, grants, and loans available to her (I'm helping her with that) and her dad said he'll help as much as he can. 

The question: can the dad (NCP) ask the court to compell the mom (CP) to contribute to Post-Minority support?  Is that covered under Bayliss? 

Thanks!

[Jade]

Very weird situation.  This is a friend of mine's neice.  The girl is smart, a cheerleader, an overall leader at her school.  Her mom is married to a real JERK.  He won't contribute anything to this child, makes her feel as if it is an honor that he "allows" her to live in his home.  Why the mom puts up with it, I don't know.  Anyway, it was time for the daughter to take the ACT exam and the step-dad said that he wasn't paying the fee. The mom stood by him!!! They told her that she had a job (she waitresses on the weekends) and she could pay for the test herself.  She paid it and she mentioned it to her dad.  He was LIVID.  After discussing the situation, come to find out that mom nor step-dad plan to contribute one red cent to send the girl to college. She is going to try for any and all scholarships, grants, and loans available to her (I'm helping her with that) and her dad said he'll help as much as he can. 

The question: can the dad (NCP) ask the court to compell the mom (CP) to contribute to Post-Minority support?  Is that covered under Bayliss? 

Thanks!

First, the stepfather isn't under any obligation at all to pay for college. 

What does their court order say about college?

[anniewalker]

a) the child lives with the mother and step-father.  The step-father is an ass.  He will not allow the mother to buy the child clothes out of their "family money" which includes 100% of her paycheck + 100% of his paycheck.  Mom has to use the Child Support to pay for all of this child's clothes, extra-curriculars, school lunch, etc.  HE doesn't understand that while the child's father pays $xx.xx each week in Child Support, the mother is obligated to contribute a similiar amount to the child.  The step-dad says that he lets the child live under his roof and eat his food and that is their contribution.  The mother and step-father have 2 children together, and he refers to them as "our kids" and this child in particular as "her kid". 

b) they haven't addressed any post minority support. The child is 17 years old and will be senior in high school in the fall. I know that in Alabama (where we all are) that post-minority support has to be addressed before the child turns 19.  My question is - can the child's FATHER (NCP) ask the court to order the MOTHER (CP) to contribute to post-minority support for college or is it only the other way around where the CP compels the NCP to pay?

[livealittle]

why wouldn't the NCP be able to file something like that?

seems to me what's good for the gander is good for the goose.  But, I'm not an attorney and don't even play one on tv.

[Jade]

a) the child lives with the mother and step-father.  The step-father is an ass.  He will not allow the mother to buy the child clothes out of their "family money" which includes 100% of her paycheck + 100% of his paycheck.  Mom has to use the Child Support to pay for all of this child's clothes, extra-curriculars, school lunch, etc.  HE doesn't understand that while the child's father pays $xx.xx each week in Child Support, the mother is obligated to contribute a similiar amount to the child.  The step-dad says that he lets the child live under his roof and eat his food and that is their contribution.  The mother and step-father have 2 children together, and he refers to them as "our kids" and this child in particular as "her kid". 

b) they haven't addressed any post minority support. The child is 17 years old and will be senior in high school in the fall. I know that in Alabama (where we all are) that post-minority support has to be addressed before the child turns 19.  My question is - can the child's FATHER (NCP) ask the court to order the MOTHER (CP) to contribute to post-minority support for college or is it only the other way around where the CP compels the NCP to pay?

The stepfather is an ass.  And the mother is just as big a one for letting him do that.

And, yes, the father can file in court to have the CP pay her portion of college expenses.  And if she doesn't pay, he can file contempt of court charges. 

[anniewalker]

Cool.  I know, the child refers to her mother as a "loser".  It is so sad.  The step-dad looks like Joe Dirt and acts like Ike Turner.  This girl has so much potential!  I put myself through college while raising a 2 year old (well, she was 5 when I got out!) so I have been giving the child in that situation all of the "how to pay for college" advice that I can.  Her dad pays his support, exercises his visitation, pays for anything above and beyond his child support (like cheerleading) and has let it ride up til now.  The girl has a boyfriend who is 18 and graduated last year and had talked about "just getting married" and moving in with him.  UGH!  It makes me so mad to see the mother (I'm friends with the mother's sister, this girl's aunt) push her daughter into thinking such a thing.  So.  I told the aunt and the dad (whom are friends, too) that I'd check around and see if there was any help for him.  The girl's dad said he'll contribute what he can to the college expenses, but he cannot pay it all and when the mom and step-dad made that comment that "once she graduates high school she's an adult and she's on her own" it really disgusted everyone.

Anywho, that is my rant for today! Thanks you guys!

[Lee Borden]

Absolutely. Dad can ask for post-minority support for college just like Mom can. Bless that little girl's heart. She's lucky to have a friend like you.

[anniewalker]

awww... thanks for the advice ya'll. I'll let her dad know.  He researched some online but (like me) only found Bayliss applied to the NCP.  He didn't want to talk to an attorney and them say "sorry... that's not for payor of child support, only the payee".  So THANKS!  I'll be letting him know this weekend   This is a really good kid, it just busts my chops to see her mom not supporting her when all she wants to do is make something of herself and she's working hard to do it, too!  Hopefully she'll be able to find enough scholarships and grants that it won't be an issue, but...

She's set up on FastWeb and we looked at the U of A's website (war eagle! but I'm helping her anyway!!!) and she's marked all the deadlines in her little PDA, so she knows when she needs to start gathering info, writing essays, and submitting stuff.  I'm going to help her fill out her FAFSA and submit it the first day possible for submission... if anyone thinks of anything else, please PM me.  It's been... a while since I was paying for college!

Some of ya'll may recall, I had rallied against the courts making parents pay post-minority support in the past...     and I have re-thought my position.  Sometimes parents DO have to support their kids, even when the law says they aren't kids any more and if it takes a court order to make them do it, then that isn't a bad thing.  I've officially changed my opinon on the matter! 

[wareagle7]

One possible option for your niece.  Have her check into jobs that pay for all or a portion of her college education.  For instance, Jefferson County will pay for college classes that pertain to the line of work the employee is in.  A bonus, is that a county job has excellent benefits.