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DearCustomer- This depends on the language of the child support order from the court. Most orders will say something to the effect "support will continue until the child reaches the age of 18 or graduates from high school whichever is later". In this case she doesn't graduate until May so my opinion would be that the support would end at that time. If the support order says "finishes school" then you can argue that it should end now.
David Kennett - JD - Attorney at Law
Then you may have an argument that it ends now since it only says "reasonable expectation" of graduation. If she has finished and is expected to graduate you can argue that the support should end now. You may want to go ahead and make your motion to terminate since it takes time to get before the court and you will most likely have to make this motion after graduation to get it to stop since the court isn't keeping track of her progress at school.
This is what it states, Attainment of her eighteenth birthday or up to her nineteenth birthday so long as the child is, in fact, dependant, between the ages of 18 and 19, still in school and perfroming in good faith with a reasonable expectation of graduation before the age of 19
Well she obviously has a "reasonable expectation" of graduation before her 19th birthday so I think the support should end now. Certainly it will end in May so go ahead and file the motion to get the process moving.
If there is no court order then he can just stop making payments. If she disagrees she would have to file a motion with the court. To be safe he may want to make a motion to the court anyway since that will prevent her from filing a contempt once the payments stop.
Well you would have to either prepare the motion or hire an attorney since we are not permitted to actually represent clients from this website. Once the payments stop I would presume she will file a motion for contempt. You can wait until that happens and then defend that motion based on the fact that the decree says what it says. I was only thinking that if he filed first it would preempt her motion for contempt. It will probably take a couple of months at least to get a hearing date.
I never, ever say anyone will "win" a court case since there are always too many variables and facts that can come up.I will say that from the facts presented you have a very could case to defend yourself against contempt based on your child's finishing of school and expectation of graduation.
The worst thing is that you would have to pay the child support until graduation and probably your ex's attorney fees for the motion. I really don't think you would lose but, as I said nothing in court is a sure thing.
One last thing, I called the school today to find out if for sure if she was finished and they told me that she has early exit from school, which I think, that she is completely finished school. They also told me they would not give me anymore information because I was not on the list. I would like to know why she would take me for comtempt when she knows, that in fact ,she is finished school.