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Jack R.
Jack R., Family Law Attorney
Category: Family Law
Satisfied Customers: 6147
Experience:  OH/TX Mediator and Attorney dealing with Family, Child, and Divorce Law
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A friend (Colorado)off mine had a child and she just turned

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A friend (Colorado)off mine had a child and she just turned 18. There is no child support order but he is paying the same amount of money till now what the military had told him 18 years ago. The girl is in an evening alternative high school (Utah) but might not finish. She is already behind on credits, etc. and is out of control let alone mom is no help either. There is also a good chance that she is moving out of moms house soon to live with a boyfriend. He wants to do the right thing and keep paying but only if she stays in school and get her Highschool Diploma. What does the law say in this situation? How long does he have to pay child support after age 18, and/or if she moves out on her own? Also, if she stops going to school and in a year decides to go back to school does he have to start paying again?
Submitted: 5 years ago.
Category: Family Law
Expert:  Jack R. replied 5 years ago.

The age of emancipation(cessation of child support) in Colorado was lowered from 21 to 19 years of age.

Under some circumstances, such as a child's mental or physical disability, the court may extend the obligation beyond age of 19. If the child is still in high school or an equivalent program, support may continue until the end of the month following graduation but not beyond age 21. The child however would need to file a motion in court to get the extension since a support order is not currntly in place.

 

Please be aware that my answer is not legal advice, it is merely information and no attorney client relationship has been formed. You should always contact a local attorney for legal advice.

Customer: replied 5 years ago.
She would have to file in Utah right?
What is the legal age in Utah?
What happens if she moves out?
He could never find out if she is in school or not since mom doesnt coopperate but doesnt want to keep paying if she is not in school. Can he ask for proof from his daughter every month of her being in school?
Expert:  Jack R. replied 5 years ago.

Yes she could file in Utah since she is now living there. The Age of majority in Utah is set at 18 years of age or when the child has graduated from high school during the their normal and expected year of graduation, which ever occurs later. (U.C.A. 78-45-7.10)

Duty to pay child support is typically terminated at age 18 for order issued prior to July 1, 1994. For orders issued after July 1, 1994, 18 years of age or when the child graduates from high school during the their normal and expected year of graduation, which ever occurs later.

 

With respect to proof, he can ask for a copy of the report card and attendance record from the school. As a parent he is entitled to those items.

 

 

Please be aware that my answer is not legal advice, it is merely information and no attorney client relationship has been formed. You should always contact a local attorney for legal advice.

 

Jack R., Family Law Attorney
Category: Family Law
Satisfied Customers: 6147
Experience: OH/TX Mediator and Attorney dealing with Family, Child, and Divorce Law
Jack R. and 13 other Family Law Specialists are ready to help you
Customer: replied 5 years ago.
can she file in court if she is still in school and moved out of her moms house?
Expert:  Jack R. replied 5 years ago.

Yes, as long as she has not gotten married, or has become a legally emancipated child the child support obligation continues. One point I want to clarify. You indicated there was no support order in place. If true Utah is where the filing should be. If a support order is in place, if if done by a military court, that jurisdiction should be where she files. The military support order if it exists will indicate the age at which payment stops.

 

Please be aware that my answer is not legal advice, it is merely information and no attorney client relationship has been formed. You should always contact a local attorney for legal advice.

Customer: replied 5 years ago.
No there is no order in place. The military has a rule that they will make you pay a certain amount of your pay to the child egardless. Its not through a military court cause it would not get involved like that it always would go through a regular court. My friend continued paying what the military had told him even though he is not in the military anymore. And the mother has never filed any child support orders thru the local courts.

Thanks so much for your help

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