My daughter currently resides with me full-time and is no longer attending school, yet I am still paying child support to her mother – the supposed custodial parent.
Does a child have to be enrolled in school and living with the custodial parent in order for my ex-wife to continue collecting child support?
I feel that I should no longer be paying if she is leaving with me and not in school.
I am unable to give you legal advice on divorce. I can give general divorce help for men, though, my knowledge is based on Illinois child support laws where I am licensed to practice.
Each state has specific laws regarding when a child emancipates for purposes of child support. Where I practice, child support payments continue until the child reaches the age of 18, or graduates from high school, whichever occurs later.
Therefore, if the child is under the age of 18, you are still obligated to pay child support, even if she is not enrolled in school.
If there is a current order regarding child support in effect, this order will remain in effect until you take action to modify the child support order. Until an order is entered modifying the child support obligation, your child support obligation will continue to accrue.
Therefore, if you are currently ordered to pay child support, this obligation will continue even if the child is living with you, and even if the child turns 18.
If the child is living with you, or has turned 18, you may be able to modify your child support obligation.
You should contact a qualified mens divorce lawyer to review the facts of your case and determine whether a modification of child support is warranted. This is not to be taken as legal advice on divorce as I have only provided you with general divorce tips for men.
To schedule an appointment with a Cordell & Cordell mens divorce attorney, including Belleville Divorce Lawyer Erin Brockhoff, please contact Cordell & Cordell.