Question:
How can I get proof that my child is still attending college on a full-time basis?
If he has stopped going to school I can terminate my child support order, but we no longer speak and I’m not sure how to find out his enrollment status.
Answer:
I am unable to give you legal advice on divorce. I can give general divorce help for men, though, my knowledge is based on Pennsylvania divorce laws where I am licensed to practice.
If ordered, a parent does have the duty to pay child support while the child of the marriage is enrolled on a full-time basis in college and potentially post-graduate education, at least where I practice.
However, if you are paying child support for a child in college, the child must be enrolled on a full-time basis and the child has to be shown to be making a good faith effort in school.
For example, if the child is not maintaining, at a minimum, at a least C and above grades, then you could potentially have an argument that the child is not making a good faith effort and, therefore, you should not be obligated to continue to support them throughout college.
Also, to ensure that the child is enrolled in college, the parent paying support has the option of filing a motion with the court requesting that they be provided with grade reports and a class schedule to ensure the child is enrolled on a full-time basis and is maintaining an appropriate grade point average.
If your child support order requires the non-paying spouse to provide this information, a written demand should be made, and if no response is received, then a motion can be filed with the court.
Another option may be to call the school directly and speak with the registrar’s office to determine enrollment. However, without your child’s consent, they may not give you the information.
Remember, I am unable to provide you with anything more than divorce tips for men, so please consult with divorce lawyers for men in your jurisdiction.
To arrange an initial consultation to discuss divorce rights for men with a Cordell & Cordell attorney, including Philadelphia Divorce Lawyer Caroline J. Thompson, contact Cordell & Cordell.
