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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Family Law
Satisfied Customers: 36753
Experience:  I provide family and divorce law advice to my clients in my firm.
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In my recent divorce settlement, I was awarded child support

Resolved Question:

In my recent divorce settlement, I was awarded child support since my son wants to stay with me full time. His mother is supposed to pay me $500 the first of every month. The actual text on the court papers reads: "As and for child support, mother shall pay to father $500.00 per month, commencing on December 1, 2012, as and for the support of (son with his info), and continuing on the first of every month thereafter, pending further order of the court or until the unmarried child has attained the age of 18 years old (having graduated from high school), or is attending high school, full time, until such time as the child completes the 12th grade and has not attained the age of 19 years old." Here's the question. He is 17, will be 18 on January 19th. He graduated from high school this month and will be going to college out of state in the fall. I am unclear as to when the child support will end. The phrase "until the unmarried child has attained the age of 18 years old (having graduated from high school), or is attending high school, full time, until such time as the child completes the 12th grade and has not attained the age of 19 years old" is unclear. Is the stipulation of high school graduation the overriding one or his age? Also, if he's going away to school, does she still pay child support until he's 18, I'm the one helping him in college and maintaining the house with his room for him to come home to on vacations.
Submitted: 1 year ago.
Category: Family Law
Expert:  Dimitry K., Esq. replied 1 year ago.

Thank you for your question. Please permit me to assist you this afternoon.

This is a very good question. Finishing high school does not grant the child adulthood or allows him to attain the 'age of majority'. As a consequence he is still a minor until he turns 18 and is therefore entitled to support. The high school graduation is there in case he goes beyond 18 and is still in school, but if he graduates at 17, he is still entitled to support until he turns 18.

Hope that helps.

Dimitry K., Esq., Attorney
Category: Family Law
Satisfied Customers: 36753
Experience: I provide family and divorce law advice to my clients in my firm.
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