NYS Pending Legislation for Child Support for Service Academies / ROTC

Discussion in 'Service Academy Parents' started by 2019 mom, Feb 2, 2016.

  1. 2019 mom

    2019 mom Member

    Joined:
    Dec 17, 2014
    Messages:
    60
    Likes Received:
    44
    Currently, there is pending legislation to equalize the issue of child support for students who elect to attend a service academy in NYS. "This bill would rectify a situation in which a child under the age of twenty-one who enters a particular class of secondary school, such as preparatory schools or military academies may be considered legally emancipated and thus ineligible for child support from the non-custodial parent, despite the custodial parent's continuing obligation to support the child that continues, in fact, to be an unemancipated dependent. This bill would provide for the continued payment of child support in such situations." If you are a NYS resident, and have a child who is currently in an academy or hopes to attend one in the future, you might want to take a look at this bill and contact your state senator about it.

    https://www.nysenate.gov/legislation/bills/2015/s2392
     
  2. fencersmother

    fencersmother Founding Member

    Joined:
    Oct 10, 2007
    Messages:
    2,580
    Likes Received:
    800
    I would think any child who has graduated from high school and is 18 years of age, would be emancipated, the very definition of an adult.
     
  3. 5Day

    5Day Member

    Joined:
    Nov 18, 2015
    Messages:
    968
    Likes Received:
    467
    I would have agreed with you @fencersmother but if you read the summary of the bill "Child Support is a pro-rata payment made by a non-custodial parent to a custodial parent for the care, maintenance and education of a joint child, who is under the age of twenty-one and unemancipated." Bold is mine, so at least in NY state college students under 21 (non SA or ROTC) are unemancipated.

    Not that any of this impacts me, but I do wonder should a parent be responsible for child support if they child is attending a SA? The SA picks up the cost of education and their living expenses, less the summer and breaks. Interesting question.
     
  4. NavyHoops

    NavyHoops Moderator

    Joined:
    Jul 13, 2011
    Messages:
    3,094
    Likes Received:
    2,454
    What is a parent responsible for if a child enlists in the military instead of going to college? A SA mid/cadet is considered active duty and falls under the UCMJ and Tri-Care. Should a parent pay $1600/month for a kid in this case? That was just a number I threw out there as that is what my best friend pays for his daughter. It obviously can vary in every case. That is a lot of money to a support a kid who has all their insurance, tuition, room and board, and draws a stipend. I was a Mid, I get it before anyone argues, that they often need some extra walking around money, cell phone, flights home for leave, the room mom or dad keeps for the kid when they come home, etc. Not $1600/month worth. Plenty of Mids pay for this on their own. I did.

    I could see the argument for ROTC going either way as not all Cadets/Mids are contracted or under scholarship. They still need health insurance and ROTC scholarships don't always cover it all and some don't cover all 4 years as we all know. What if a Cadet is AROTC and takes it to cover tuition and lives at home to save costs? So who is responsible for that? What if they leave ROTC or a SA?

    Not sure why they don't re-evaluate it all by a case by case basis as each scenario will be different, especially in ROTC. Having a cut and dry bill won't help anyone in a gray area.
     
  5. afmom2020

    afmom2020 Member

    Joined:
    Feb 26, 2015
    Messages:
    227
    Likes Received:
    102
    Now this is what I do for a living so I can tell you how crazy the system is.

    If you are married, then you can stop supporting your child at 18. If you are divorced, you need to support your child until 21 unless emancipated.

    Emancipation occurs if you join the military, therefore a parent would not be required to pay if the child enlists. According to this bill going to USAFA and the prep doesn't count as joining the military and therefore the divorced parent needs to keep paying child support.

    Fun fact: under federal law a child is defined as anyone under 21 for most federal benefits.
     
    murfthesurf likes this.
  6. NavyHoops

    NavyHoops Moderator

    Joined:
    Jul 13, 2011
    Messages:
    3,094
    Likes Received:
    2,454
    Wow. I mentioned my best friend in my earlier post and his daughter was considering applying to USNA at one point. I couldn't imagine him paying $1600/month to his ex for a kid that doesn't live at home. He pays for her cell phone, lunch money, spending money, car insurance, gas and health insurance. So pretty much his ex pays zero (minus rent and utilities which are less than his child support). I could understand the law changing for SA, but ROTC I think has too many variables to make it cut and dry.
     
  7. fencersmother

    fencersmother Founding Member

    Joined:
    Oct 10, 2007
    Messages:
    2,580
    Likes Received:
    800
    OK, I'll not be going to Reno for the $59 divorce, I guess.

    Just kidding! Fencersfamily is the very epitome of happiness. :)

    (As an aside, most people think of my SN as FencersMother, and it truly is, since all my kids have been fencing fanatics over the years. There were times perhaps during their teen years when my children might have said it stood for Fencer SMOTHER)
     
    bookreader and Wishful like this.
  8. FlyBoy1993

    FlyBoy1993 Member

    Joined:
    Jan 9, 2011
    Messages:
    237
    Likes Received:
    26
    I cannot claim my DS as a dependent at the Academy, yet I would owe child support?

    That's idiotic.
     
    afmom2020 likes this.

Share This Page