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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 118726
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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I am in MN and my son has turned 18 and graduated from high

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Hello, I am in MN and my son has turned 18 and graduated from high school. I made a motion to have my child support amended due to emancipation, my ex wife responded with keeping the current child support in place due to my son going to college...how likely is it that she will get it approved?
JA: Because family law varies from place to place, can you tell me what state this is in?
Customer: Minnesota
JA: Has anything been filed or reported?
Customer: filed or reported for what?
JA: Anything else you want the lawyer to know before I connect you?
Customer: no, it's a pretty straight forward situation I think...I've always paid support on time
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Under MN law the courts can order support through college ONLY if the order was in the original support order AND the parties agreed upon paying such support. See: Minn. Stat. § 518.551 subd. 5d. Otherwise, the MN law says that support will terminate at 18 years of age, or until age 20 if the child is still attending secondary school, whichever occurs later (College is POST-Secondary, not secondary). See: Minn. Stat. §518A.26, subd.5.
So, if you did not agree to pay for college support and it was not in the original support order, legally under MN law would be terminated.
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Customer: replied 2 months ago.
There was no order in the original support order and I don't plan on agreeing to provide support while he is in college, so there really shouldn't be a reason that my support won't go down after the hearing?
Thank you for your reply.
That is correct pursuant to the MN law, if it was not in the original order and you did not agree, the court cannot order you to pay support during college. So your support should be removed on that child at the hearing.