QUESTION
What are the emancipation rules on child support for non high school graduate after the age of majority?
Asked on May 08th, 2014 on Child Custody - Washington
More details to this question:
In Washington State my divorce decree states that child support payments terminate at the age of 18 or upon graduation of high school, whichever is later. There is no order for post-secondary support. My son is 19 and he will be 19 1/2 next month he just notified me yesterday that he may not graduate high school. What are the emancipation rules if the "child" never graduates?
2 ANSWERS
Estate Planning Attorney serving Seattle, WA
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Law Offices of Scott K. Wilson
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Emancipation rules don't apply to your situation. Support continues until son does not enroll in school and summer doesn't count. If son say in June he is not going back in the fall, you would have to go to court to get support terminated. Or basically, if he doesn't graduate, then you need an agreed order from the other parent that support has terminated. It is not enough that the other parent "agrees" that support is over.
Answered on May 12th, 2014 at 11:04 PM
Dispute Resolution Attorney serving Seattle, WA
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Law Offices of Helene Ellenbogen P.S.
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Emancipation is not at issue. As long as he is enrolled in high school you have to pay support. Once he either drops out or graduates, your obligation ceases since he is over the age of 18. "May not graduate" is not dis-positive. He has to actually leave school before the obligation ends.
Answered on May 12th, 2014 at 11:04 PM