My child will be graduating high school next year at the age of 18. My original divorce decree calls for me to pay child support through age 20 or completion of high school, whichever comes first.
Can the custodial parent now apply to have the child support continued into college?
While I am not licensed to practice in your jurisdiction, I can provide you with some general divorce help for men regarding the issues you present in your question.
Based on the facts set forth in your question, the custodial parent cannot apply for child support while the child attends college.
The law in Georgia (where I practice) requires that a parent pay support on their child’s behalf until the child (among other scenarios) emancipates, turns 18 years of age, or graduates from high school (unless the child is attending high school, in which case child support shall continue until the child reaches age 20).
Read related article: “Age Of Emancipation In Your State“
The law in Georgia does not hold a parent responsible for paying child support beyond this point. Parties can contract (and obligate themselves) for such an arrangement (payment of child support during the child’s attendance at college), however, in their settlement agreement.
The provisions for payment of child support during the child’s attendance at college would be enforceable in that case.
If the non-custodial parent never contracted to undertake this obligation, however, then the custodial parent has no basis under Georgia law to request payment of child support while the child attends college.
I am unable to give you financial advice on divorce so for additional divorce help for men you need to contact a divorce attorney in your area.