Q: Is my son’s father is still suppose to be paying child support or not? Im confused by the court order.
Me and my son’ father had in our court order that child support was to be paid until he turns 18. In May, he filed for a modification. Why? I don’t know. My son graduated in June and that was the last payment I received. There was a court date in Sept, which we both missed, and the judge ordered for payments to continue, even though my son is 18 now. Why would they do that? I am confused bcus I thought once 18 it is automatic, so why would they order payments to continue? He filed a motion passed the due date, and missed that hearing, so the order is the last thing in place. So am I to assume they will eventually order him to not pay anything?
A: By law, in the absence of an agreement by the parents to the contrary, child support ceases once the child turns 18, or if the child is still enrolled in high school and not yet reached graduation, then through completion of high school --whichever is later (but not past the child's 19th birthday). Without reading the court order, it is not possible to evaluate what was ordered or the particular facts in your case. You do not state the date your son turned 18, nor the date 12th grade concluded, but the latest of those two dates is the last month child support would have been due, absent a different agreement between you and the father. The date that the high school graduation ceremony was held is not the date used to determine the last day child support is due if your son already turned 18; rather, it is the last day of classes.
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