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Attorney & Mediator
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Category: Family Law
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Experience:  Attorney & Certified Mediator
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My 15 year old son to living with me in Hawaii but living ...

Customer Question

My 15 year old son to living with me in Hawaii but living with his aunt in the bronx because his mother kicked him out, do I still have to give him child support if he is not attending school?
Submitted: 9 years ago.
Category: Family Law
Expert:  Attorney & Mediator replied 9 years ago.
Thank you for your question.

Unfortunately in Hawaii child support is still required while the child is still a minor an unemancipated (married, joins the military or by court order). Support according to Hawaiian law (section 580-47) requires child support to be paid until the age of 19, regardless if the child is no longer going to school.

So long as the child is still financially dependent on his parents support will not be terminated.

Further, moving out does not emancipate the child, however child support should be paid to the new custodian of the child. So modification of the custody orders need to be done to reflect the new custodian of the child. Further, since both parents no longer have custody of the child, child support should be changed so that both parents are making payments to the new custodian.

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