Q: My Child is 18, did not graduate. Is working full time. And won't be going back to school until the next semester.
18 yo is paying for rent and food to ex. Do I still have to pay child support at this point?
Per Minnesota law, a "child" for the purposes of child support is "an individual under 18 years of age, an individual under age 20 who is still attending secondary school." If the child is 18 or more and presently not in school, you have an argument that child support should terminate. The confounding issue is the fact that the child will (apparently) be attending school again next semester, at which point child support would once again be required.
By the time the motion to terminate support is heard and an order issued, it will likely be after the new year. The best option, if possible, would be to enter into a stipulation, to be filed with the court, stating that child support will not be paid during the time the child is not attending school, but will begin again if he or she re-enrolls.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.