Question:
How do I know when my child support payments end?
My child turned 18 over the summer but I am still paying because he is being “home schooled” and failed to take the GED test.
I am unemployed and cannot afford to support a child old enough to support himself who has no motivation to graduate high school if my payments continue.
How can I terminate child support for a child who has failed to graduate on time?
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 Nebraska and Iowa child support laws where I am licensed to practice.
In some states, in order for a child support order to stop accruing, there must be an order terminating the payments; child support does not automatically terminate in some states.
You need a copy of everything filed to determine whether you can have a court order issued stating the child support should cease based on the material change of circumstances. Each case is fact specific, and states have different ways of determining that a child has emancipated or graduated.
Likewise, the language in the court order that established your child support obligation should be carefully reviewed, as it may dictate the terms under which your child support obligation may terminate.
In the event that your settlement agreement and/or the court order does not provide language contemplating your child not graduating high school on time, then the manner in which your jurisdiction defines “emancipation of a minor” will likely control whether or not you would remain obligated to pay child support.
Further, you may be able to file for a modification based on your own material change of circumstances. In the jurisdictions I practice in this includes changes in employment, changes in economic circumstances, etc.
Remember, I am unable to provide you with anything more than divorce tips for men, so please consult with a divorce lawyer in your jurisdiction.
To arrange an initial consultation to discuss divorce rights for men with a Cordell & Cordell attorney, including Omaha, Nebraska Divorce Lawyer Jamie Kinkaid, contact Cordell & Cordell.
