Q: My divorce decree state to pay child support until child is out of college, child graduates in May 2021. Can I just stop
Payments at that time, as outlined in the decree. Or do I have to go back to court.
A: Absent an agreement between the parents, a Maryland court cannot order child support be aid past age 18 or the date of high school graduation if that does not occur until after the child's 18th birthday (but in no event past the age of 19). However, laws in other states allow for child support for longer periods, so if your judgment of absolute divorce or support order was obtained in such a state, or if it incorporated an agreement providing for support to continue past 18, then it is enforceable. When determining which month to cease paying child support where the child has turned 18 but not yet completed high school, Maryland does not go by the date of the graduation ceremony for determining the last month child support is due, but by the date that the child has met all academic requirements for receiving their diploma, which is the last day of classes in most cases. So, for instance, if the academic curriculum concludes in May, but the graduation ceremony is not held until June, the last month child support is due is May. However, you should carefully review the court order or written support agreement in your case for any other specific date that may apply, as well as consult a lawyer in the state where the judgment was entered as the laws of that state may have a different interpretation than Maryland.
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