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Michael J, Esq.
Michael J, Esq., Lawyer
Category: Family Law
Satisfied Customers: 3426
Experience:  Licensed Attorney - represented hundreds of clients in criminal cases, family law disputes, traffic issues, and general legal issues. Youth Court Prosecutor.
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I have a 18 almost 19 yr old son with aspbergers/autism-to

Resolved Question:

I have a 18 almost 19 yr old son with aspbergers/autism-to attend a special ed post high school program he must not have accepted his diploma...even tho he earned enuff credits-the problem is DAD doesn't want to pay more child support and I have a legal doc that says if son isn't graduated, which technically he is not, due to special school and not being able to attend that school, unless not accepting diploma. The doc states I get child support until kid is 20-next year......does this have to be up held, or is it based on who kid lives with more, as he lives with both we have or shud I say had jt custody, boy is 18....pretty normal-what to do-I told X he is suppose to, but he says he has to call his lawyer to find out...I emotionally can't NOT handle this again-him/his lawyer are simply evil...
Submitted: 6 years ago.
Category: Family Law
Expert:  Michael J, Esq. replied 6 years ago.
Hello -

Thank you for contacting JustAnswer. My name is Michael; I look forward to helping you with your family law problem today.

I'm sorry, but I'm confused by your information and can't discern your exact question. Are you asking whether child support can be extended past the age of 20?

Michael
Customer: replied 6 years ago.

 

 

No-asking due to my sons disability w/legal doc that says I get child support if I WILL GET IT(child support).....right now my EX HUSBAND doesn't wanna pay it.....also wondering if they might make me pay it, depending on who boy lives with more(my son IS 18 and his own gaudian....)

suppose to get it til boy is 20(next yr)

Expert:  Michael J, Esq. replied 6 years ago.

If you have a court order obligating the father to child support for the son in this instance until he is 20, then the father is obligated to pay. The only way for the father to get out of his obligation would be to petition the court for a support modification.

Good luck,

If my answer was helpful, please click ACCEPT so I may be compensated for my time. If you are not satisfied with the Answer, please feel free not to Accept, and post a follow up question so I may be able to clarify my Answer. My goal is to provide an outstanding Answer, so give me a chance.

Regards,

Michael
Customer: replied 6 years ago.

 

 

It states IF kid didn't finish high school...which technically he didn't....and has to be considered full time high schooler,even at special ed post high school-Ive been told this IS what he IS.....the DAD still is fighting me on it-can who has custody more affect this or since my son is his own guardian and 18-it simply just is and the guy has to pay...

Expert:  Michael J, Esq. replied 6 years ago.

Yes, I understand what the order says. Obviously, this is going to be a question of how the Judge reads the situation. If the father refuses to pay claiming the order doesn't require it, you are going to have to file a contempt action in family court and ask the court to rule that he didn't finish high school, etc, and therefore the father owes support. It does not matter who has custody - the order still must be followed.

If my answer was helpful, please click ACCEPT so I may be compensated for my time. If you are not satisfied with the Answer, please feel free not to Accept, and post a follow up question so I may be able to clarify my Answer. My goal is to provide an outstanding Answer, so give me a chance.

Regards,

Michael
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