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Child Support After a Child Turns 18, in School, but Living Independently

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jflotonrich

Junior Member
What is the name of your state (only U.S. law)? Maryland

I am paying child support for my two daughters, ages 12 and 17. My older daughter will be 18 at the end of this month. She is in the 11th grade but works full time as a lifeguard, yet continues to be an honor student. She was compelled to leave her mother's household in January this year due to an ongoing conflict that culminated with a break with her mother. He mother wants no contact with her and has changed the locks on the doors of her house. By the way, they live in another state but the court of record is still in a Maryland county circuit court.

My daughter has been welcomed by the family of her friend and she will hopefully continue living there until she graduates high school next year. I, along with my former wife's family (who has displayed extreme compassion for my daughter in this situation) will paying for my daughter's household expenses starting in May, paid directly to the family while she living with them.

A relatively new law in Maryland requires that child support to continue until the child graduates high school or reaches the age of 19, which ever comes first. As it now stands, her mother, the custodial parent, is benefiting from my daughter's portion of the child support that I am still sending her, leaving my daughter with nothing. The original court order is still in effect.

Considering that my daughter will be turning 18 this month and is no longer living in my former wife's household, can a case be made for modification/reduction in child support (with only one minor child living in my former wife's household)? Has there been a precedent set for this type of situation? Could my daughter under Maryland law be considered emancipated under these circumstances which is justification in Maryland for modification/reduction of child support?
 


Banned_Princess

Senior Member
What is the name of your state (only U.S. law)? Maryland


Considering that my daughter will be turning 18 this month and is no longer living in my former wife's household, can a case be made for modification/reduction in child support (with only one minor child living in my former wife's household)? Has there been a precedent set for this type of situation? Could my daughter under Maryland law be considered emancipated under these circumstances which is justification in Maryland for modification/reduction of child support?
She will turn 18 before she is emancipated. Maybe you should file to modify in MD because she moved out of the household. (when she turnes 18)


Why cant she come live with you?
 

stealth2

Under the Radar Member
Considering that my daughter will be turning 18 this month and is no longer living in my former wife's household, can a case be made for modification/reduction in child support (with only one minor child living in my former wife's household)? Has there been a precedent set for this type of situation? Could my daughter under Maryland law be considered emancipated under these circumstances which is justification in Maryland for modification/reduction of child support?
No. Because she's not fully self-supporting.

ETA - CS likely continues until she is 18 OR graduated from HS, whichever comes later. You could ask the court to order that you send a portion of the support to her guardians (i.e. the people she's living with).
 

jflotonrich

Junior Member
The child has a lot of ties in the community and wants to complete high school where she lives. Who could blame her? Essentially, my daughter is paying (indirectly) her room and board.

She is also fully self-supporting as she is working full time while attending school. But whatever.

As far as child support is concerned, a judge would have to order my daughter be assigned a new custodian to receive child support payments. That is not easy with the child living in Kentucky and there would have to be a commitment by the custodian, background checks, etc. Furthermore, as I understand child support law, with my former wife no longer being my daughter's custodian (as the custodial parent), each parent would be responsible for a portion of the child support to the child's new custodian. If my former wife and I did pay child support jointly, that would not be quite so bad either because I would get to still user her as a tax exemption (as my former wife released her rights to the children's exemptions on IRS Form 8223).

Well, I will continue to muddle through this problem until it is resolved.

Thanks for you ideas about this issue.
 

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