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Roger
Roger, Attorney
Category: Family Law
Satisfied Customers: 31567
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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My husbands divorce decree to his ex wife does not specifically state an end date to

Customer Question

My husband's divorce decree to his ex wife does not specifically state an end date to child support payments. Therefore, we paid Child support 8 months after his 18th birthday and basically 3 months after he had graduated. His ex is trying to take legal action to say since their 18 year old is at home still that he has stopped paying child support and is supposed to even though he is 18 years old and has graduated High School. The divorce decree is from Montana. What is the legal end date for paying child support? I have always understood that unless it states specifically in the divorce decree a longer period than 18 years old, by default they become an adult at 18 and child support can end if the parent responsible for paying is no longer legally liable to pay. Is this correct?
Submitted: 6 years ago.
Category: Family Law
Expert:  Roger replied 6 years ago.

Hi - my name is XXXXX XXXXX I'm a Family Law litigation attorney here to assist you.

 

Under Montana law, child support is paid until the child reaches age 18 or upon graduation from high school, whichever is later, but no later than 19.

 

Your husband is not responsible to pay child support under any circumstance after the child turns 18 or graduates from high school

Expert:  Roger replied 6 years ago.

Hi - my name is XXXXX XXXXX I'm a Family Law litigation attorney here to assist you.

 

Under Montana law, child support is paid until the child reaches age 18 or upon graduation from high school, whichever is later, but no later than 19.

 

Your husband is not responsible to pay child support under any circumstance after the child turns 18 or graduates from high school

Customer: replied 6 years ago.

Ok, however his ex now lives in Burke, VA and my husband and I live in Albuquerque, NM. Will the laws in these states make a difference and what are the laws in these states pertaining to child support? Is my assumption correct, that if there is nothing stipulated in the divorce decree extending the payment beyond 18 or high school graduation, that the child is considered an adult?

 

Also, his ex contacted his other ex in CA and told her to try to go for more child support now that he had ended payment for his other child in VA...what are the legalities around that?

Expert:  Roger replied 6 years ago.

The law of the state where the child is governs the matter.

 

In Virginia, child support ends at age 18 and is only available past that age if the child is handicapped.

 

In New Mexico, child support is the same as in Montana - 18 unless still in high school, and if in high school, 19.

 

 

 

 

Customer: replied 6 years ago.
great, but what about the legalities of his ex in CA now?
Expert:  Roger replied 6 years ago.

The law in California is the same as the law in Montana and New Mexico.

 

If that's where the child now resides, that's the law that should apply. Here's a link that outlines child support law in California: http://www.child-support-collections.com/statutes/california.html

Roger and 2 other Family Law Specialists are ready to help you
Customer: replied 6 years ago.
Tx.
Expert:  Roger replied 6 years ago.
Sure. Good luck.