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ScottyMacEsq
ScottyMacEsq, Lawyer
Category: Family Law
Satisfied Customers: 11679
Experience:  Licensed Texas General Practice Attorney
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I pay child support to my ex for my 18 year old daughter who

Resolved Question:

I pay child support to my ex for my 18 year old daughter who graduates high school at the end of this month (I live in TN, she lives in OK). Our parenting plan and decree state nothing about support after turning 18 / graduation. Once she is out of school, can I remove her from my insurance and does child support stop?
Submitted: 1 year ago.
Category: Family Law
Expert:  ScottyMacEsq replied 1 year ago.

ScottyMacEsq :

Thank you for using JustAnswer. I am researching your issue and will respond shortly.

ScottyMacEsq :

Was the decree entered by an Oklahoma court?

Customer:

No, the decree was entered here in Memphis, TN.

ScottyMacEsq :

Thank you. One moment please while I research this, and will get back to you shortly...

Customer:

she went to live with her dad September of last year; the decree to change custody and for me to pay child support was entered in January of this year.

ScottyMacEsq :

if you paid directly this child support to the other parent, and the child support order does not say otherwise, then the support will terminate when the child turns 18, automatically. The obligation to pay child support ends when the child reaches age 18 or graduates from high school with his or her regularly scheduled class, whichever comes second.

ScottyMacEsq :

any other obligations without a specific in time (such as insurance) would also terminate.

ScottyMacEsq :

*specific end time

ScottyMacEsq :

I apologize for any errors in this answer. I am using a voice recognition program, and while it is accurate most of the time, is not 100% accurate, so if there's something that doesn't look quite right, or appears out of place or not grammatically correct, the reason is likely the software that I'm using. If will try to catch any errors, but if if you need clarification at the end, please let me know.

ScottyMacEsq :

only if there was an affirmative obligation on your part to continue it past the age of majority (18) would you have a legal obligation to do so. It does not matter that she lives in Oklahoma (even though the termination would also be 18 there), because the order is governed by Tennessee law since it was entered in Tennessee.

Customer:

Excellent. I understood exactly what you mean. This is exactly what I needed to know. Thank you very much for the information.

ScottyMacEsq :

note that this only covers current obligations, because you might have some obligations that were due but not paid, which are known as arrears.

ScottyMacEsq :

My pleasure.If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, XXXXX XXXXX good luck to you!

Customer:

Actually, I do have arrears (which is mostly covering his attorney fees), but it was my understanding that, even while paying the arrears, the actual _support_ ends upon her high school graduation (since she is already 18) .... correct?

ScottyMacEsq :

Yes.

Customer:

great! Thank you again...you have been MOST helpful!

ScottyMacEsq :

what I meant was that there is not a complete forgiveness of any and all obligations when she reaches 18.

Customer:

understood.

ScottyMacEsq :

only that you don't have to continue to pay the ongoing support.

ScottyMacEsq, Lawyer
Category: Family Law
Satisfied Customers: 11679
Experience: Licensed Texas General Practice Attorney
ScottyMacEsq and other Family Law Specialists are ready to help you

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