Q: Would I have to pay child support of an 18yo HS senior that is spreading their senior year over two years, part-time?
My child is a 17 year-old, just finishing his Junior year at a small independant school.
My wife and son are considering having him attend part-time over the next two years, instead of graduating in one year, and him working part-time during that time.
Would I still be obligated to pay child support after he's 18, but only attending part-time, even if my ex is essentially opting to stretch schooling out voluntarily?
I'm not outright saying that she's doing this to extend child support, but she does have a financial incentive here to extend his schooling as long as possible.
A: Maryland Code, General Provisions, Section 1-401(b), provides:
An individual who has attained the age of 18 years and who is enrolled in secondary school has the right to receive support and maintenance from both of the individual's parents until the first to occur of the following events:
(1) the individual dies;
(2) the individual marries;
(3) the individual is emancipated;
(4) the individual graduates from or is no longer enrolled in secondary school; or
(5) the individual attains the age of 19 years.
This section only requires your child to be enrolled, not enrolled to some specified degree of enrollment, so if the school allows your son to be enrolled for less than full-time, then support continues until he ceases to be enrolled, graduates, or turns 19.
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