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My son is 18 yrs old and attending high school because he

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was left back several years...
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: 11 months ago.Category: Family Law
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11/27/2016
Family Lawyer: Alex J. Esq., Attorney at Law replied 11 months ago
Alex J. Esq.
Alex J. Esq., Attorney at Law
Category: Family Law
Satisfied Customers: 16,723
Experience: Licensed experienced Attorney
Verified

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?

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Customer reply replied 11 months ago
Pennsylvania
Customer reply replied 11 months ago
We don't have an active child support order in court.
Family Lawyer: Alex J. Esq., Attorney at Law replied 11 months ago

Thank you for your follow up.

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

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Family Lawyer: Alex J. Esq., Attorney at Law replied 11 months 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?

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Customer reply replied 11 months ago
She is trying to file a new claim for support if I don't give her the money she is asking
Family Lawyer: Alex J. Esq., Attorney at Law replied 11 months 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?

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Customer reply replied 11 months 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 reply replied 11 months ago
No child support claim was ever filed in court
Customer reply replied 11 months 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.
Family Lawyer: Alex J. Esq., Attorney at Law replied 11 months 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!

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Customer reply replied 11 months ago
Ok would there be special circumstances that I can argue at the court hearing?
Family Lawyer: Alex J. Esq., Attorney at Law replied 11 months 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!

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Alex J. Esq.
Alex J. Esq.
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