QUESTION
Do I have to continue child support if my child does not attend school regularly?
Asked on Jan 22nd, 2014 on Divorce - California
More details to this question:
The child will be 18 in March. As of this year the mom allowed her to enroll into the Score program which she does not attend regularly. She is a senior and only has 12 credits. She is failing and has quite a few tardy’s and several days absent, after talking to the school. Do I have to continue support after she is 18 since she is not attending regularly?
7 ANSWERS
Social Security Disability Attorney serving Melbourne, FL
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Law Office of Robert E. McCall
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Only the Judge may allow discontinuance of Child Support.
Answered on Jan 24th, 2014 at 1:41 PM
Personal Injury Attorney serving San Antonio, TX
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Law Offices of James P. Peterson
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If the child is still enrolled in school then you have to continue to pay. The school districts usually put such students on a GED track. I would advise you to quit paying this June until it is proven that the child is enrolled, In which case you might have to continue to pay until this December or next May.
Answered on Jan 24th, 2014 at 1:41 PM
Domestic Relations Attorney serving Omaha, NE
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Diane L. Berger
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You have to pay child support in Nebraska until the child attains legal age, marries, dues, becomes self sustaining or until further order of the court.
Answered on Jan 24th, 2014 at 7:04 AM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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Yes, until she graduates or turns 19, whichever is earlier.
Answered on Jan 24th, 2014 at 7:03 AM
The rule is when the child turns 18 or graduates from high school, whichever is later. To be safe you should bring a motion for an order concerning the termination date for support.
Answered on Jan 23rd, 2014 at 5:25 PM
I do not recommend you make a decision of this magnitude without Court guidance. File a motion with the Court to adjust or discontinue child support. Bring all the documents you can get that will substantiate your claim. The Judge will NOT adjust child support without documentary PROOF! Consider issuing subpoena's to the school to prove your claim. Until the Judge actually rules on your motion, DO NOT DISOBEY THE CURRENT COURT ORDER.
Answered on Jan 23rd, 2014 at 5:24 PM
Family Law Attorney serving Irvine, CA
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Law Office of Julie A. Ringquist
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Read your court order carefully. Most say that you must pay until the child is 19 or 18 and no longer a full time high school student, whichever comes earliest. Therefore, if that's what it says, AND she is not considered a full time student, then you should not be obligated.
Answered on Jan 23rd, 2014 at 5:24 PM