Support after 18

[nodramaplease]

What is the name of your state (only U.S. law)? GA
If a divorce decree provides that the non custodial parent must continue to pay support to the age of 20 if necessary so the child can complete high school, could that order be excused by the Judge if there were proof that the child had no educational support at home (custodial parent) and had failed a whole year primarily due to not turning in his homework. In other words, if the child is capable of doing the work but just simply doesnt do it, would the court still make the non custodial parent continue to pay for another year or two of school when the child is unwilling to do the work?

 

[Proserpina]

What is the name of your state (only U.S. law)? GA
If a divorce decree provides that the non custodial parent must continue to pay support to the age of 20 if necessary so the child can complete high school, could that order be excused by the Judge if there were proof that the child had no educational support at home (custodial parent) and had failed a whole year primarily due to not turning in his homework. In other words, if the child is capable of doing the work but just simply doesnt do it, would the court still make the non custodial parent continue to pay for another year or two of school when the child is unwilling to do the work?

I'm really not being snarky here - but good luck actually proving that the child is capable but just lazy. Not that it matters - it's unlikely the court would overrule State provisions.

What is the NCP doing to facilitate learning?

(And yes, I have read your other posts - I'm just not convinced that if Dad is actually doing everything he possibly can be doing)

 

[nodramaplease]

Yes, I wouldn't expect anyone to be convinced who doesn't know my husband and all of the very long details. As to proving he is just lazy, we have proof in the form of teachers comments and a counselor who has spoken with him as well to whom he stated he "just wants his independence."

 

[Proserpina]

Yes, I wouldn't expect anyone to be convinced who doesn't know my husband and all of the very long details. As to proving he is just lazy, we have proof in the form of teachers comments and a counselor who has spoken with him as well to whom he stated he "just wants his independence."

Dad is free to take it to court. The burden of proof will be on him. Worst case scenario? He has to keep paying, and he gets to pay Mom's legal fees on top of it.