Can a non custodial parent file for child support? 21 Answers as of June 22, 2011

The child is 18 years old and has not graduated. They decided to move in with the non custodial parent. Can the non custodial parent file for support?

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Seattle Divorce Services
Seattle Divorce Services | Michael V. Fancher
Under Washington law it would appear the child is now an adult and can decide where to live. It may be that if the child is still in school there could still be a child support obligation that could be modified to provide support to the parent the child is living with. Please consult with an attorney in your area as to your specific situation.
Answer Applies to: Washington
Replied: 6/22/2011
Glenn E. Tanner
Glenn E. Tanner | Glenn E. Tanner
You need to change the parenting plan and then the child support.
Answer Applies to: Washington
Replied: 6/22/2011
Beresford Booth PLLC
Beresford Booth PLLC | S. Scott Burkhalter
The Court may no longer have jurisdiction unless a showing possible dependency can be made.
Answer Applies to: Washington
Replied: 6/22/2011
Dunnings Law Firm
Dunnings Law Firm | Steven Dunnings
Maybe, but by the time you file a petition to change custody and support and get a hearing date, their support obligation will terminate.
Answer Applies to: Michigan
Replied: 6/21/2011
Warner Center Law Offices of Donald F. Conviser
Warner Center Law Offices of Donald F. Conviser | Donald F. Conviser
The NCP can file an Order to Show Cause for Child Custody and Child Support, but note that Child Support would be payable only if the child is a full time high school student, and only until the child completes the 12th grade or reaches age 19, whichever occurs first, and that child support would not be retroactive to a date prior to the filing of the Order to Show Cause for modification of Child Custody and Child Support.
Answer Applies to: California
Replied: 6/21/2011
    Reeves Law Firm, P.C.
    Reeves Law Firm, P.C. | Roy L. Reeves
    Yes, but depending on many factors it may not be worth it. I recommend trying to agree with the other parent in a case like this one. While I like to earn the business the fact is that if the support is based on minimum wage, the amount is approximately $200 a month (I am making several assumptions here, but am doing so to make a point). $200/month for 11 months (again, assuming graduation next year) is $2200. Even in a very simple proceeding, the attorneys fees could top $2000 per side. That said, if the parties agree and need a lawyer to draft up the agreement and legalize it, fees could be less than $1000 total. As you can see, an agreement just makes financial sense.
    Answer Applies to: Texas
    Replied: 6/20/2011
    Petit & Dommershausen SC
    Petit & Dommershausen SC | Tajara Dommershausen
    In Wisconsin, child support is the child graduates high school or 19 whichever comes first. Yes, the other parent could file for child support if they are still actively in school and pursuing a diploma.
    Answer Applies to: Wisconsin
    Replied: 6/20/2011
    Law Office of L. Paul Zahn
    Law Office of L. Paul Zahn | Paul Zahn
    Yes, but there won't be a long term support order. Less than a year at this point.
    Answer Applies to: California
    Replied: 6/20/2011
    Gregory T. Buckley, Attorney at Law
    Gregory T. Buckley, Attorney at Law | Gregory T. Buckley
    Obviously, at that point, the parent who the child is now living with would be the custodial parent. As such, they could petition the court to request that the child support payments be reversed to reflect the new situation.
    Answer Applies to: Florida
    Replied: 6/20/2011
    Law Office of James Lentz
    Law Office of James Lentz | James Lentz
    In Ohio the non-custodial parent could file to modify the order of the court so that he would be the custodial parent, and entitled to support. The process is time consuming, and the support received may not even pay for the legal bills given the short term support will continue. Seek the advice of a local attorney knowledgeable in domestic relations for further information.
    Answer Applies to: Ohio
    Replied: 6/20/2011
    Law Office of Michael W. Bugni
    Law Office of Michael W. Bugni | Jay W. Neff
    That will depend on whether there is an existing child support already. If there is no order in place, then, when the child turned age 18, the court would have lost jurisdiction to do anything. If there is a child support order in effect, that will normally say that the child support does not terminate until the child is both age 18 and has graduated from high school. So, if there is a child support order and if the child has not yet graduated from high school, then, the court still has jurisdiction to order support. That being the case, a petition to modify child support would be possible.
    Answer Applies to: Washington
    Replied: 6/20/2011
    Beaulier Law Office
    Beaulier Law Office | Maury Beaulier
    Yes. If custody has changed, the other parent may seek child support.
    Answer Applies to: Minnesota
    Replied: 6/20/2011
    Arnold & Wadsworth
    Arnold & Wadsworth | Brian Arnold
    Yes, but it would have to be done through a modification.
    Answer Applies to: Utah
    Replied: 6/20/2011
    Law Office of Robert L. Fiedler
    Law Office of Robert L. Fiedler | Robert L Fiedler
    In order to receive child support you would have to be the custodial parent. Thus, you would have to file a motion for custody as well as support.
    Answer Applies to: Connecticut
    Replied: 6/20/2011
    Law Office of Patricia Van Haren
    Law Office of Patricia Van Haren | Patricia Van Haren
    In order to apply for child support, the non-custodial parent would need to be granted custody. After the custody has been modified the custodial parent may receive child support as long as the child is under 19 years old, a full time high school student and has not been emancipated.
    Answer Applies to: California
    Replied: 6/20/2011
    Cody and Gonillo, LLP
    Cody and Gonillo, LLP | Christine Gonilla
    File a motion for custody & support.
    Answer Applies to: Connecticut
    Replied: 6/20/2011
    Law Office of Joseph A. Katz
    Law Office of Joseph A. Katz | Joseph A. Katz
    Sure, but the support will only last until the child graduates from High School. File an Order to Show Cause, re: Custody, Visitation and Support.
    Answer Applies to: California
    Replied: 6/20/2011
    Vincent J. Bernabei LLC
    Vincent J. Bernabei LLC | Vincent J. Bernabei
    Yes. You also will be required to pay child support, which could offset the rent the 18 y.o should be paying to you.
    Answer Applies to: Oregon
    Replied: 6/20/2011
    Ashman Law Office
    Ashman Law Office | Glen Edward Ashman
    At age 18, it's too late.
    Answer Applies to: Georgia
    Replied: 6/20/2011
    Law Office Of Jody A. Miller
    Law Office Of Jody A. Miller | Jody A. Miller
    Under Georgia law, if the child has not yet graduated from high school but is enrolled in and attending high school, and the child has decided to move in with the noncustodial parent, then yes the noncustodial parent can file for child support until the child graduates. In fact, the noncustodial parent should do so, as they can be liable for any future child support that accrues under the current order if they do not get that order changed. See an attorney about how to proceed with the case.
    Answer Applies to: Georgia
    Replied: 6/20/2011
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