QUESTION
Am I still legally responsible to pay child support if my child is not in school? How?
Asked on Jun 12th, 2015 on Child Custody - California
More details to this question:
I am an out-of-wedlock non-custodial parent. My support order says it ends on his 18th birthday. He will be 18 this June. He currently lives with his mother. She said he has been doing great. Well come to find out, through school records I just received, he has not been going to school for the past year and a half. Also his Mother signed him out of his junior year of high school. She has threatened me that she will make sure he gets his GED and is signed up for community college, before my court date so that she can try to extend my child-support payments. What can I do to get her out of my life? Am I still legally responsible, even though he isn't in school?
4 ANSWERS
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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The answer depends on the language of the support order, which probably was issued in a paternity case. In general, you have the legal duty to support a child until his/her eighteenth birthday or up until his nineteenth birthday if he is in high school seeking a diploma. There are some 'outs,' such as the child's having emancipated himself. But you'd need a court order to be freed of the obligation. You have a child. Since you have to pay support, you might want to get to know the child and experience the delight sand frustrations of parenthood.
Answered on Jun 12th, 2015 at 8:17 PM
Dispute Resolution Attorney serving Seattle, WA
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Law Offices of Helene Ellenbogen P.S.
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If he is in school you are responsible. If not child support is done at 18 (if you look at your child support order it says child support ends when he graduates from high school or turns 18 whichever is later.
Answered on Jun 12th, 2015 at 2:46 PM
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The age of majority in Nebraska is 19 years old and support continues until that date. Once the child is 19, nothing can be done to extend support payments. Prior to age 19, nothing can be done to cancel support unless the child dies, joins the military, marries, or is no longer dependent on the parents for support. Child support rules have nothing to do with whether a child is in school or not. Best wishes!
Answered on Jun 12th, 2015 at 1:59 PM
Personal Injury Law Attorney serving San Diego, CA
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Law Office of Robert Burns
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You are liable for child support after the kid turns 18 only as allowed by the following Cal. Family Code Section: 3901. (a) The duty of support imposed by Section 3900 continues as to an unmarried child who has attained the age of 18 years, is a full-time high school student, and who is not self-supporting, until the time the child completes the 12th grade or attains the age of 19 years, whichever occurs first.
Answered on Jun 12th, 2015 at 1:36 PM