Clarksburg, MD asked in Family Law for Maryland

Q: MD order says child support is due the 15th. Child graduated the 4th. Do I have to make the last payment?

My Maryland Child support order reads

"Beginning with and accounting from March 1st, 2011, [Father] will pay to the [Mother] the sum of $3100, due on or before the 15th day of each month; said child support payments to continue until the child graduates high school"


My child turned 18 five months before graduation.

The mother is taking the expected position that child support is payable for the entire month of June.

I am taking the position that payments are due the 15th and that I made every payment on the 15th in which the child hadn't graduated on that payment due date.

While I understand it is not a legal argument, I used the money to pay the child's freshman semester tuition for college.

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2 Lawyer Answers

Bennett James Wills

  • Brentwood, TN
  • Licensed in Maryland

A: If the court order states that you are to pay by the 15th until the child graduates (and the child is now an adult at 18) then based on the facts you have provided, I would be inclined to believe that you would not make any payments after the child graduates. But, I also have not seen the full child support order in full context. Consult with you old attorney if you had one or ask new counsel - but you'll need to provide a full copy of the order for a full and complete answer.

1 user found this answer helpful

Lynndolyn Tippins Mitchell

  • Rockville, MD
  • Licensed in Maryland

A: If your child graduated after the 15th of the month child support would have terminated at that time. If your ex spouse insists that you are missing the payment since it's due for the entire month, your argument would be that child support was paid in the form of college tuition. You should be able to prove the amount that was paid for tuition by obtaining a receipt from the institution that your child attends.

1 user found this answer helpful

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