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my son will turn 18 April 25 2011, which is when I assumed

my child support would stop...
my son will turn 18 April 25 2011, which is when I assumed my child support would stop. Lives with his mom and has not attended school since 10th grade. Now, as of 2 weeks ago he has gone back to school which from what I have been told I have to continue paying child support until he graduates high school. Obviously, there is something wrong with this picture! His mom has manitulated him back into school so they can continue getting child support. Do I have any rights at this point? According to my advisor, I pay until he graduates school no matter what his age.
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3/1/2011
GeorgetownLawyr
GeorgetownLawyr, Family Law Attorney
Category: Family Law
Satisfied Customers: 12,049
Experience: Experience: contested Divorces, custody disputes, Post dissolution modification, child support issues, adopti
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Hello, My name is XXXXX XXXXX I'll be helping you resolve your matter.

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Can you tell me what the language in your support order says in relation to when support ends? verbatim?
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Customer reply replied 6 years ago
not exactly sure as I do not have papers in front of me and it has been 13 yrs, but believe it may say until 18 or graduates high school which ever occurs last. But am curious that his mom allowed him to drop out of school in the 10th grade and I had no control over the situation since he is living with her, and he has, nor had a job during this time, and has been through the court system for a couple of minor things, and had to do community service. He had no interest in going back to school until a couple of weeks ago, which I find rather interesting, and during that time she put money down on a car for him. Somebody is working the system, and its not me.
you certainly have a way with words....a good, direct way. Let me do a little research and see if I can find anything legal for you to get out of this because I couldn't agree with you more... What state is she in??
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Customer reply replied 6 years ago
sumner, washington I am not at home now, so can not review court papers. If you need exact words in divorce decree please let me know. So far all I have been told is to hire a lawyer, which I can't afford to do at this time--so any help will be greatly appreciated. What really upsets me is she has gotten my son to go along with this!!!
I completely agree. I am reading the law now for you...tell me what kind of legal trouble has the son been in? when did this occur??
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Hi, so this is what I found and i think you can get out of it:

Washington's legislature passed a post-secondary education support statute in 1990. It permits courts to order parents to support a child up to age 23 (or beyond in cases of mental, physical, or emotional disabilities) when he is in fact a dependent and relies on his parents for the reasonable necessities of life. Courts have discretion to set the duration of this continuing support obligation, based on facts that include the (1) child's age, needs, prospects, desires, aptitudes, abilities or disabilities; (2) parents' level of education, standard of living, resources, and expectations for their children when they were together; and (3) nature of the education sought.

 

The child must remain in good academic standing and make his grades available to both parents. The court must order payment directly to the educational institution if feasible, otherwise to the child (Wash. Rev. Code § 26. 19. 090).

 

The intent of the legislature was namely for kids that it may take longer to finish high school. In addition, if you can show that he is really not dependent on her, you have a chance to end the support on those grounds as well. There is nothing that says the child gets to leave high school for 2 years and then return and can continue receiving support.

 

If I were you I would file a motion to terminate support based on the grounds that he is no longer dependent for support; that he voluntarily left high school and effectively has emancipated himself. This may be a big difficult however without an attorney, so if you can afford one it would really help. The money you would save in support will hopefully be less than paying an attorney to put a stop to this extortion and manipulation of the legal system by your ex. I hope this helps.

 

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GeorgetownLawyr
GeorgetownLawyr, Family Law Attorney
Category: Family Law
Satisfied Customers: 12,049
Experience: Experience: contested Divorces, custody disputes, Post dissolution modification, child support issues, adopti
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