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  1. #1
    Tamarashinn Guest

    Angry Child not attending school

    What is the name of your state? Texas

    Hello all, Can anyone tell me if I have to continue to pay childsupport if my exwife checked my 16 yr old out of school? We are already going to court for her missing too many days last year and now I just went to pick my daughter up from school today to take her to meet with the attorney and they tell me she was checked out by her mother last week. Not to mention only attended one day since school started. We have been divorced for quite a while and kind of suspected her not going to school, but everytime I asked her mother she insisted that she was in school. Now today I KNOW otherwise. Can anyone help with this? I don't know how to go about fighting this women over this matter!
  2. #2
    stealth2 is offline Senior Member
    Join Date
    May 2002
    Posts
    44,635
    As long as there is a court order that tells you to pay child support - you pay child support. If you think there is a reason why you should no longer be paying it - you take it to court and ask a judge to write an order that says you don't have to pay it. 'Til then - you're obligated to pay.
  3. #3
    Tamarashinn Guest

    Angry

    Thanks, I didn't plan to just stop paying I know I need a court order. I am just wondering if going to court is going to be worth it, or is she just going to get away with it and put me in the whole fighting it. Apparently my daughter has no objections to not attending school.

    I was just needing to know if there is a law out there that says if a is not enrolled in an accredited school then the non custodial doesn't have to pay child support.
    Thanks again, and in advance
  4. #4
    Tinaa is offline Member
    Join Date
    Jul 2003
    Location
    Texas
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    175
    I do know that my husband's Texas divorce papers state that "the sum of $$$ per month for support and maintainance during the period that each said child is a minor or other wise not emancipated and thereafter so long as each said child is fully enrolled in an accredited primary or secondary school in a program leading toward a high school diploma until the end of the school year inwhich said child graduates."

    Texas has also passed laws that require a student to attend high school until s/he is 18. The mother can get into serious trouble if your child is not attending school.
  5. #5
    Tamarashinn Guest
    Thanks Tinaa,

    Thats what ours says too. That why I was thinking maybe I don't have to pay if she wasn't going to keep her in school. She told the school she was homeschooling her, but she said that last year too and my daughter never cracked a book, which is why we are in court now (for all the stuff she did last year). I am at the end of my rope with this whole situation. Its seems that the law works in favor of everyone wanting to break it!
  6. #6
    Tinaa is offline Member
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    Jul 2003
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    Texas
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    175
    I don't know much about home schooling. I work in the public schools. I do know our district has teachers that visit the some home schooled kids. I'll see what I can find out tomorrow. I believe that the home schooled kids have to follow the same type of curriculum. They may even have to take the TAKS. I'll check it out.
  7. #7
    stillmadashell is offline Junior Member
    Join Date
    Aug 2004
    Posts
    1

    Child not in school

    Indiana-My husband and I are going through this very thing right at this time. Since we live in Indiana, the attorney said when the child turns 18, if he/she has not been enrolled in school for the last 4 months, your responsibility is done. We live out of state from child, and when we call the school, they will not tell us whether he is enrolled or not, since we are not the custodial parent. Can't get a straight answer from the mother either. The attorney wanted $200 to emancipate this child. What I found out this week in Indiana is if the divorce and the child support are both handled through the same court, I can do it myself for free. The way we figure it is, we will fill out the emancipation form, file with court system, mother gets one and if she wants to fight it, she will have to come up with the proof of schooling. If you go to your states website, I am sure you will find the same form. Very simple to fill out. Hope this helps.
  8. #8
    VeronicaGia is offline Senior Member
    Join Date
    Aug 2001
    Location
    Michigan
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    6,318
    The child is still a minor. There is no way, unless the child lives on her own and is fully self-supporting, that the state of TX is going to let you emancipate her.

    A link: [url]http://ocse3.acf.dhhs.gov/ext/irg/sps/selectastate.cfm[/url]

    Click on TX, read it all, especially the section on age of majority.

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