February 23, 2018

“Monthly Misconception for February – Child Support Ends at 18, Period”

Monthly Misconception for February – Child Support Ends at 18, Period No Matter What

No it doesn’t.  But child support can be ordered by a court for a child after age 18 only under very limited and specific circumstances.

  1.  High school exception – The most common exception to this rule is that child support will be due for a child after his 18th birthday for as long as he is a full time high school student, but not after age 19.
  2. Disabled child exception – Child support can be ordered until a child reaches age 21 if he meets the definition of a disabled child.  What constitutes “disabled” is specific.  If you are divorcing and have a child who may be disabled, whether he is 18, younger than 18 or already 18, consult with an experienced divorce lawyer to determine whether your child falls within this limited exception.
  3. Court approved agreement of the parents – Although it is rare, a divorcing couple may voluntarily agree to continue child support after a child’s 18th birthday as part of their divorce negotiations. If, when the divorce is finalized by the court, the court approves the parents’ agreement, the agreement becomes a court order.  As a court order, the obligation for child support after age 18 will be enforced by a court later on if one former spouse tries to back out.

 

 

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