Q: Can I file for a stop order if my son turns 18 in October and graduates in May? How far in advance should I file?
A: If by "stop order", you mean a formal order stating that your obligation to pay child support has terminated because your son has reached the age of majority, you likely do not need to file for any such order (assuming your current child support order states that your obligation terminates upon the minor child reaching the age of majority (or upon graduating from secondary school, etc.), as you can simply stop paying when your obligation terminates naturally. If this is not your only child for which you pay child support under the same child support order, however, you would need to file a modification action seeking to reduce your child support obligation as a result of one child reaching the age of majority (and thus no longer being eligible to receive child support) and thereby seek a recalculation of your child support obligation based on the reduced number of eligible children. If you do need to file a modification action, you should file on the day that the child is no longer eligible to receive child support (which, assuming he turns 18 in October 2015 and graduates high school in May 2016 and your current child support order uses standard language, would be May 2016). You should speak with a family law attorney, however, to review your specific child support order and your specific obligations thereunder.
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