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My Support Obligation Ends when My Child "Graduates" from High School

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thomas70

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

I have paid CS for 17 years. My son turned 18 last fall. Per my court papers my obligation ends when he turns 18 or graduates from high school. Does "graduate" refer to the day he finishes his HS coursework or the day of the graduation ceremony? His course work was completed last week and the ceremony is this week. I look @ it as though his HS degree has been earned and the ceremony is a technicality. I ask b/c my ex had the option to file a petition for post support. Have the courts lost their jurisdiction b/c he is 18 and finished his HS coursework last week? Can anyone confirm? Thanks
 


Zigner

Senior Member, Non-Attorney
What is the name of your state (only U.S. law)? Washington

I have paid CS for 17 years. My son turned 18 last fall. Per my court papers my obligation ends when he turns 18 or graduates from high school. Does "graduate" refer to the day he finishes his HS coursework or the day of the graduation ceremony? His course work was completed last week and the ceremony is this week. I look @ it as though his HS degree has been earned and the ceremony is a technicality. I ask b/c my ex had the option to file a petition for post support. Have the courts lost their jurisdiction b/c he is 18 and finished his HS coursework last week? Can anyone confirm? Thanks
If he doesn't have his diploma in hand, then he hasn't graduated. (Barring silly screw-ups on the school's part, of course. http://www.huffingtonpost.com/2012/06/11/word-misspelled-on-nevada_0_n_1586222.html for example.)
 
My son turned 18 last fall. Per my court papers my obligation ends when he turns 18 or graduates from high school.
If he's already 18, then why is the graduation the issue here? The way you wrote the statement it sounds like your obligation already ended when he turned 18.
 

Zigner

Senior Member, Non-Attorney
If he's already 18, then why is the graduation the issue here? The way you wrote the statement it sounds like your obligation already ended when he turned 18.
The OP mis-spoke (mis-typed, actually.) That's what happens when they paraphrase ;)
CS ends on the later of the two occurrences.
 

thomas70

Junior Member
If he's already 18, then why is the graduation the issue here? The way you wrote the statement it sounds like your obligation already ended when he turned 18.

Let me clarify, the papers state "18 or graduate from high school, which ever is later".
 

CdwJava

Senior Member
Sooo, dad ... when your son graduates you will no longer feel obligated to help provide for him? No assistance for college, trade school, etc? No provision for medical or auto insurance?

While you may be correct in that no direct support is required, what do those papers state about sharing costs of future education, insurance, etc.?
 

thomas70

Junior Member
Sooo, dad ... when your son graduates you will no longer feel obligated to help provide for him? No assistance for college, trade school, etc? No provision for medical or auto insurance?

While you may be correct in that no direct support is required, what do those papers state about sharing costs of future education, insurance, etc.?
I will continue to provide medical/dental insurance as I have for 18 yrs. Luckily, he has done amazing things in HS and has enough funds for a full ride. No, my papers do not state specifics about a future beyond 18.
 

Zigner

Senior Member, Non-Attorney
I'm playing devil's advocate here (please humor me). Graduated means "diploma in hand"? Commencement ceremony is optional. What if child chooses not to participate?
What if an asteroid strikes the office where all of the diplomas are stored?
What if the principal takes some bad medicine and runs away to Mexico with all the diplomas?

Let's not play the "what-if" on this. Your son is going to receive his diploma on the day of commencement. Honestly, I can see a valid argument that the last day of school is his graduation day...but that won't change your ex's option of filing for post-grad support.
 

thomas70

Junior Member
What if an asteroid strikes the office where all of the diplomas are stored?
What if the principal takes some bad medicine and runs away to Mexico with all the diplomas?

Let's not play the "what-if" on this. Your son is going to receive his diploma on the day of commencement. Honestly, I can see a valid argument that the last day of school is his graduation day...but that won't change your ex's option of filing for post-grad support.
Ok, ok. According to my paperwork my ex's has the option to petition for post grad support before my son is 18 and diploma in hand ("graduated"). The day has arrived that both of these circumstances have occured.
 

Zigner

Senior Member, Non-Attorney
Ok, ok. According to my paperwork my ex's has the option to petition for post grad support before my son is 18 and diploma in hand ("graduated"). The day has arrived that both of these circumstances have occured.
Has she petitioned?
 

ecmst12

Senior Member
Most likely they will end it before your next payment would be due. Most people pay on the first of the month (unless it's a garnishment). Either way, you need to file in court to stop child support and the judge will decide which actual day it will end.
 

stealth2

Under the Radar Member
At the end of the day, you're talking about a week or two difference, at most. Is that REALLY worth the argument?
 
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