Child Support past 18 years of age

This is a discussion on Child Support past 18 years of age within the Child Custody & Support forum, part of the FAMILY LAW, DIVORCE, CUSTODY category; My daughter recently turned 18 and my ex stopped paying child support. My child is still in high school and ...

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Old Oct 8th, 2012, 07:12 PM   #1
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Confused Child Support past 18 years of age

My daughter recently turned 18 and my ex stopped paying child support. My child is still in high school and will not graduate until May 2013. The divorce paperwork states he will pay until 18, she dies, is emancipated, or further order of the court or mutual agreement. Our state law says 18 or until the child graduates. Does he still need to pay, or do they go by the divorce papers.
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Old Oct 8th, 2012, 07:25 PM   #2
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Default Re: Child Support past 18 years of age

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My daughter recently turned 18 and my ex stopped paying child support. My child is still in high school and will not graduate until May 2013. The divorce paperwork states he will pay until 18, she dies, is emancipated, or further order of the court or mutual agreement. Our state law says 18 or until the child graduates. Does he still need to pay, or do they go by the divorce papers.
What state do you live in?

What does the divorce decree say (exact wording, please remove names) with regard to this matter?
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Old Oct 8th, 2012, 07:43 PM   #3
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Default Re: Child Support past 18 years of age

Your order is the ruling factor what does it say? If it says till age 18 with no other comments like until graduation etc then NCP has a loophole to cease support. Again as Sandy requested what does your support order say "exactly"
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Old Oct 8th, 2012, 10:01 PM   #4
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Default Re: Child Support past 18 years of age

The paper work reads. Until a child reaches the age of eighteen years old, dies, is emancipated, or until further order of the Court or agreement by the parties in writing. We are in New Mexico.
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Old Oct 8th, 2012, 10:04 PM   #5
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Default Re: Child Support past 18 years of age

Then it appears he is within the letter of the order stopping support. You will need to go back to court to have it extended till at least graduation
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Old Oct 9th, 2012, 12:25 AM   #6
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Default Re: Child Support past 18 years of age

You need to check the laws of your State. In Colorado, 'emancipation' is not until graduation from high school; therefore 'emancipation' in your divorce decree could be until graduation! Good luck!
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Old Oct 9th, 2012, 12:37 AM   #7
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Default Re: Child Support past 18 years of age

As long as you've never modified the order since the divorce then it ends at 18.
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Old Oct 9th, 2012, 03:30 AM   #8
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Default Re: Child Support past 18 years of age

Divorcing parents can mutually agree upon providing child support beyond the state's default age of adulthood. Typically, courts uphold agreements by parents where noncustodial parents continue contributing to their children's support beyond the state's legal age of adulthood. In the absence of an agreement, the state's default age of adulthood applies. Seek advice through an attorney licensed to practice law in your jurisdiction.
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Old Oct 9th, 2012, 11:13 AM   #9
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Default Re: Child Support past 18 years of age

Quote:
Originally Posted by lls View Post
My daughter recently turned 18 and my ex stopped paying child support. My child is still in high school and will not graduate until May 2013. The divorce paperwork states he will pay until 18, she dies, is emancipated, or further order of the court or mutual agreement. Our state law says 18 or until the child graduates. Does he still need to pay, or do they go by the divorce papers.
The laws vary from state to state, most requiring until the age of 18 or graduation from high school. If you will supplement your post with the state you reside in, a definitive answer can be given.
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Old Oct 9th, 2012, 11:14 AM   #10
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Default Re: Child Support past 18 years of age

If the law was made contrary to statute, the court will have to explain "why." As it stands, you will have to go back to court, stating the child's enrollment in school and citing the statute to have the order modified to comply with your state's statute.
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