Waynesboro, PA asked in Child Support for Maryland

Q: My husband hasn't forced my daughter to finish school (homeschool) she's 19 and I'm still paying child support.

He says I have to pay while she is still being schooled? Is this true?

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2 Lawyer Answers
Dawn Renee Gould
Dawn Renee Gould
Answered
  • Licensed in Maryland

A: Not true. If the child is 18 and still enrolled in school, then yes, but once the child turns 19 your obligation stops. HOWEVER, if you have a court order to pay, it does not stop automatically, you should file a motion to terminate child support based on the fact that she is 19. If you have an agreement between the two of you and NOT a court order, then you pay according to your agreement, you can still file to set aside the agreement though.

Mark Oakley
Mark Oakley
Answered
  • Rockville, MD
  • Licensed in Maryland

A: No. Stop paying as of her 19th birthday, unless there is a specific agreement you signed that says you agree to pay longer. By law, a child is emancipated on her 18th birthday, but that time is delayed if she is still in full-time school until she completes her last year (typically May-June when she graduates 12th grade); however, the absolute cut-off is her 19th birthday if she is still in school through that date.

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