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Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 102192
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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I have a child who is 18 but has not graduated from high school,

Customer Question

I have a child who is 18 but has not graduated from high school, he is attending an alternative school and his attendance is poor at best ( 16 days out of 45 missing) . It is not to the mothers advantage to have him graduate as child support will still be coming in and i spoke with the principal who said ( he is absent a lot and when he does show up he is either hung over or smells of alcohol). I see it as the only ones benefiting from this is the school being paid for a name on the attendance list and the mother who is still collecting child support. My question is: Is there anyway to stop this sort of milking of the system
Submitted: 2 years ago.
Category: Family Law
Expert:  Ely replied 2 years ago.
Hello and welcome to JustAnswer. Please note: (A) This is general information and is not legal advice. No specific course of action is proposed herein. No attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms; (B) If you receive a phone call offer while we chat, know that this is an automated test feature the site is running. Due to possible ethical issues, the site allows experts not participate in phone calls and I normally decline them. Unless the phone call offer you receive literally states "THIS OFFER IS FROM ELY" (which means I personally initiated it), please do not entertain any such offer; and (C) there may be a slight delay between your follow ups and my reply while I am typing out my answer.
I am sorry to hear about this situation. If I understand correctly, the decree maintains that child support ends at 18 unless they are still in high school, and the child is still in high school but is seemingly prolonging graduation needlessly.
This is not an answer, but an Information Request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.
Customer: replied 2 years ago.
yes this is as correct as i can get, there is no supervision from the mother she does not care if he graduates and why would she if she can still collect child support his birthday is ***** 11th so he will be turning 18 next month.
Expert:  Ely replied 2 years ago.
Thank you.
What someone can do in this situation is still file in court, asking for a termination of child support at 18, and argue that even though the child is still in high school, the parent is specifically holding them back from graduating to receive child support. The principal may be subpoenaed, and the child's record introduced.
In the end, the Court has discretion to reduce or eliminate child support if it feels that this is really what is happening, but it may be very hard to convince the Judge of this.
One can expect the other side to argue that under RCW 26.09.170, the Court simply HAS to continue child support if the child is still in high school past 18, and then, it is up to the Judge to decide.
Good luck.
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I hope this helps and clarifies. Gentle Reminder: Use the SEND or REPLY button to keep chatting, or please rate when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of the top three faces/stars and then SUBMIT, as this is how I get credit for my time with you. Rating my answer the bottom two faces/stars or failing to submit the rating does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith.
Customer: replied 2 years ago.
one more question : If i submit this motion will the courts demand both parties to physically attend court or will they request a phone conference from the parent unable to attend.. I know in the child support court case hearing neither one had to attend and we had a phone conference.
Expert:  Ely replied 2 years ago.
They will normally require both parties to attend. A parent who cannot can request a telephonic hearing, but, this has to be done in advance and it is at the discretion of the Judge to allow it.
Gentle Reminder: Please, use the REPLY or SEND button to keep chatting, or rate positively and SUBMIT your rating when we are finished. You may always ask follow ups at no charge after rating.

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