At what point can I request my child support obligation to cease, provided my child has not chosen to attend college? 15 Answers as of May 10, 2013

My child will turn 18 in a few months and will graduate from high school a few months after that. At what point can I request my child support obligation to cease, provided my child has not chosen to attend college? Do I file it just after my child turns 18 to go into effect upon graduation? Do I file it a few weeks prior to graduation? Or do I have to wait until my child has graduated to file?

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Peacock Law Group of the Lowcountry, LLC | Richard Peacock
In SC, it is likely that (dependent upon your Court Order) you could petition the Court for an Order to modify child support and then at the hearing, you can discuss this with the Court and seek an appropriate order. Do Not rely on this information in any specific situation and do not apply this information to any situation without prior consultation with counsel.
Answer Applies to: South Carolina
Replied: 5/10/2013
Derek L. Hall, PLLC | Derek L. Hall
In Mississippi, Child Support obligations terminate at age 21, unless "otherwise emancipated." So, it's more than just graduating high school. there are a number of factors that would go into a determination of whether or not your child was emancipated do they have a full time job, live on their own, have gotten married, etc.
Answer Applies to: Mississippi
Replied: 5/9/2013
The Houser Law Firm, P.C.
The Houser Law Firm, P.C. | A. Bowden Houser
You don't have to request or file diddly. Unless you agreed to extend child support beyond 18 in a Separation Agreement or other agreement, your child support obligation stops the very moment the child turns 18. Most people go ahead and pay support for the full month of the child's 18th birth day but theoretically if your child was born on say, April 10 and your monthly child support payment is say $500, you would only have to pay the prorated amount of $166.67 for 10 days for the month of April. Afterward you do not have to send anything at all.
Answer Applies to: North Carolina
Replied: 5/10/2013
The Law Firm of Jessica M. Cotter, P.L.L.C. | Jessica M. Cotter
It is always in your best interest to at least consult with an experienced family law attorney to determine timing and answer these types of questions. Generally speaking, and assuming that this is an Arizona child support order the answer may depend on when the order, and accompanying wage assignment, were entered. The child support obligation, in Arizona, ends when the child reaches age 18, and has completed high school. There are some exceptions, but that is the general rule. Absent a written agreement, or other order of the court there is no child support obligation for a child in college. More recent child support orders include a presumptive termination date, based upon the child or children's ages at the time the order is entered. The more recent orders direct that the support terminates on that date unless otherwise ordered by the court. That means that you do not have to take any action to end support. For earlier cases that do not include the termination date I would suggest that you begin the process a couple of months before either the graduation, or the 18th birthday, so that the order ending the support may be entered as close as possible to that date.
Answer Applies to: Arizona
Replied: 5/10/2013
The Law Offices of Tres A. Porter | Tres A. Porter
It really depends on the wording of your order, but in most situations I would file the day after his high school graduation just to be certain, Most Orders contain language that would automatically cease the obligation upon being age 18 and out of high school. You should discuss your order with a family law attorney in your area.
Answer Applies to: California
Replied: 5/9/2013
    Law Office of Brent R. Chipman
    Law Office of Brent R. Chipman | Brent R. Chipman
    Child support automatically ceases either when a child turns 18 years of age or graduates from high school, if they turned 18 during the school year unless the child support order requires otherwise. There is no need to file anything to terminate child support unless the order imposing the child support obligation awards child support beyond age 18. You can simply stop paying child support. If the child support is being collected by an agency directly from your employment, you may need to contact that agency to see what they will require to terminate the automatic withholding.
    Answer Applies to: Utah
    Replied: 5/9/2013
    Kingloff & Travis | William K Travis
    If your divorce decree requires you to pay child support until age 18 years or high school graduation, whichever is later (a common provision), you pay until the later of the dates. In general you are not required to file other paperwork once the terms of the order have been met. If you are paying support through a collection agency (state agency) under an income deduction order it would be a good idea to contact the agency and ask them for their procedures so that you do not have money taken that you do not owe. If your decree calls for paying for college, be careful. Your child might not be required to start college immediately. Get some help on this one so that you do not cause yourself problems.
    Answer Applies to: Georgia
    Replied: 5/9/2013
    Joanna Mitchell & Associates, P.A.
    Joanna Mitchell & Associates, P.A. | Joanna Mitchell
    If you are in Florida, there is no obligation to pay child support after the child turns 18 and graduates high school. Typically, an action to terminate the child support should be filed a few months prior to the actual time that the obligation to pay ends. You may want to consult with an attorney to assist you in properly handling the matter.
    Answer Applies to: Florida
    Replied: 5/9/2013
    Kunin &Carman | Ishi Kunin
    Unless your order requires you to continue paying, child support ends by statute at 18, or upon graduation of high school, whichever is later.
    Answer Applies to: Nevada
    Replied: 5/9/2013
    In Nevada child support stops at 18 unless the child is still in high school, in which case it continues until the child graduates from high school or turns 19.
    Answer Applies to: Nevada
    Replied: 5/9/2013
    Woods, May & Matlock, PC
    Woods, May & Matlock, PC | Robert J. Matlock
    After graduation the support obligation should cease.
    Answer Applies to: Texas
    Replied: 5/9/2013
    Peters Law, PLLC
    Peters Law, PLLC | Mark T. Peters, Sr.
    Look at your order for support. What does it say? Typically in Idaho, child support stops on the later of the child turning 18 or graduating from high school. If that is what your order says, child support will stop automatically.
    Answer Applies to: Idaho
    Replied: 5/9/2013
    Gabel, Gudmundsen & Gabel, P.C. | Laura Gabel
    You should check with your Friend of the Court if your payments are being made through them. Most FOC computers auto generate documents ending support at the appropriate time (at graduation). Otherwise, you could write a letter to the FOC describing when your child is scheduled to graduate and ask them to make sure that any income withholding order is rescinded as of that date (give them enough time to do the paperwork). You DO NOT need to file a motion since the appropriate language is most probably in your Judgment.
    Answer Applies to: Michigan
    Replied: 5/9/2013
    Law Office of L. Paul Zahn
    Law Office of L. Paul Zahn | Paul Zahn
    In California, child support terminates at age 18, unless the child is enrolled full time in a high school program, in which case it continues until graduation or age 19, whichever occurs first. In the situation you described, support terminates at the end of the month of graduation, regardless of whether or not the child goes to college. It terminates by operation of law, so there is nothing to file unless there is a garnishment in place, in which case you need to obtain a termination of Income Withholding Order.
    Answer Applies to: California
    Replied: 5/9/2013
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    You can file now, and have a change in the order specify an effective date.
    Answer Applies to: Michigan
    Replied: 5/9/2013
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