Asked in Divorce and Family Law for Minnesota

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?

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1 Lawyer Answer
Corwin Kruse
Corwin Kruse
  • Licensed in Minnesota

A: 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.

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