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Alex J. Esq.
Alex J. Esq., Attorney at Law
Category: Family Law
Satisfied Customers: 16396
Experience:  Licensed experienced Attorney
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My son is 18 yrs old and attending high school because he

Customer Question

My son is 18 yrs old and attending high school because he was left back several years. However, he is now working making way over the minimum wage and going to school. His mother is threatening to take me to child support court to pay for his room and board. My argument is that he make a sufficient amount of money to support him self and pay his room and board. In addition, I don't feel I should be obligated to pay for his mistake of not graduating high school on time. The question is could I argue these circumstances in child support court Pa.
Submitted: 12 days ago.
Category: Family Law
Expert:  Alex J. Esq. replied 12 days ago.

Hello. My name is Alex.
Thank you for your question.
I will be happy to provide you with information you are seeking for educational purposes only.

What does your child support order states?

Customer: replied 11 days ago.
Pennsylvania
Customer: replied 11 days ago.
We don't have an active child support order in court.
Expert:  Alex J. Esq. replied 11 days ago.

Thank you for your follow up.

So the child support was never ordered by the court in your child's case ever?

Customer: replied 11 days ago.
Expert:  Alex J. Esq. replied 11 days ago.

Thank you for your follow up.

So you simply had an informal agreement with the mother as to the child support payment?

When is the child expected to graduate from high school?

Customer: replied 11 days ago.
She is trying to file a new claim for support if I don't give her the money she is asking
Expert:  Alex J. Esq. replied 11 days ago.

Thank you for your follow up.

What do you mean a "new" claim?

Was there claim ever filed?

When is the child expected to graduate from high school?

Is the mother asking for more than a monthly payment you were making?

Customer: replied 11 days ago.
I don't know when and if my son will graduate high school. He is now in the 12 grade it might be possible that he would graduate in 2017 but he will be 19yrs old before that time.
Customer: replied 11 days ago.
No child support claim was ever filed in court
Customer: replied 11 days ago.
I am not making monthly payments to her for support for our son. She made a decision for him to live with her and wants me to pay for his room and board at her house.
Expert:  Alex J. Esq. replied 11 days ago.

Thank you for your follow up.

Generally, the court under PA law would award child support until the child is either 18 or graduates / no longer in High School, whichever is later, regardless of whether the child was left behind or if the child is employed full time, so generally, if the custodial parent files for child support and the child is in high school, it is more than likely that the court would approve such petition and would order child support to be paid while child is in high school.

I am very sorry to provide you with this bad news, but please understand that I do have professional obligation to provide JustAnswer.com customers with correct answers, even when answer is not favorable to the customer.

I wish you the best of luck and good luck!

Customer: replied 11 days ago.
Ok would there be special circumstances that I can argue at the court hearing?
Expert:  Alex J. Esq. replied 11 days ago.

Thank you for your follow up.

Generally, not, unless the child has been legally emancipated and resides on his/her own.

I wish you the best of luck!

Expert:  Alex J. Esq. replied 11 days ago.
Expert:  Alex J. Esq. replied 11 days ago.