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  #1  
Old 04-26-2000, 09:45 PM
Dallas029
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I live in Pennsyvania my question is when your child turns 18 do you still have to pay support ?
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Old 04-27-2000, 06:07 PM
mot52
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Hi Dallas,

I live in California, but I think this legal rule is for all child support no matter the state you live in.

Child support is to be paid until the child "graduates" from high school or turns 19 years of age(while still in high school)or is otherwise taken out of the care, custody and control of the custodial parent.
(My twins turned 18 during the month of March, but did not graduate high school until June, so I received child support through the month of June.)

Unless your divorce agreement includes a stipulation that child support is to continue beyond graduation of high school, your 'legal' obligation to pay child support should end as stated above.

You might want to double check from an attorney in PA. Most offer *free consultation* by phone and you could call up and ask about this, but I believe this is a U.S. child support law.
Hope this helps....
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Old 04-27-2000, 08:09 PM
Ronne
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Check it out! Indiana law says that child support has to be paid until the child is 21! The only way you can get around it before that time is for the child to emancipate (get married or divorce his/her parents).
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Old 04-27-2000, 08:30 PM
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<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by Dallas029:
[b]I live in Pennsyvania my question is when your child turns 18 do you still have to pay support ?[/b]<HR></BLOCKQUOTE>


My response:

IT'S A "STATE" THING:

Termination of Child Support
General rule--termination at age of majority: The parents' duty to support a minor child continues until the child reaches age of majority (age 18, see Ca Fam Secs.6500-6502). Therefore, court-ordered support for a minor child ordinarily terminates when the child reaches age 18. [See Ca Fam Secs.58 (defining "child for whom support may be ordered"), 4007]

Out-of-state orders: "Age of majority" for this purpose is determined by the law of the state where the child support order was made. [See 28 USCA § 1738B(h)(2) (FFCCSOA)--"In interpreting a child support order including the duration of current payments . . . , a court shall apply the law of the State of the court that issued the order"; Ca Fam § 4953(a) (UIFSA) --"law of the issuing state governs the nature, extent, amount and duration of current payments . . . of support"; Marriage of Lurie (1995) 33 Cal.App.4th 658, 674-675, 39 Cal.Rptr.2d 835, 845]

Therefore, absent authorized modification by another state with subject matter and personal jurisdiction consistent with the FFCCSOA and UIFSA, the rendering state's law determines when liability for the support of a minor child ceases (which may or may not be age 18). [Marriage of Chester (1995) 37 Cal.App.4th 1624, 1636, 44 Cal.Rptr.2d 717, 724--Calif. court bound to enforce Oregon order continuing child support until age 21 (so long as child remained in school) absent motion for modification and showing of changed circumstances; see also Marriage of Taylor (1981) 122 Cal.App.3d 209, 213-214, 175 Cal.Rptr. 716, 719]

Generally until age 18; extension for certain adult high school students: Absent agreement by the parents (Ca Fam Sec.3587) or a "needy" incapacitated adult child (Ca Fam Sec.3910, the statutory child support duty normally terminates when the child reaches age 18 (age of majority; Ca Fam Sec.6500).

However, as to any unmarried 18-year-old child who is a full-time high school student and not self-supporting, the parents' statutory support obligation continues until the child completes the 12th grade or reaches age 19, whichever occurs first (thereafter, continued support is subject to the parents' agreement). [Ca Fam Sec.3901(a) & (b); see Marriage of Everett (1990) 220 Cal.App.3d 846, 852, 269 Cal.Rptr. 917, 919-920--trial court erred in terminating support before 18-year-old child completed senior year; see also Politzer v. Office of District Attorney of Santa Clara County (1989) 212 Cal.App.3d 295, 299, 260 Cal.Rptr. 450, 452--H obligated to pay county-assignee per Sec.3901 even though child support order required support until age 18, because statute is "self-operative"]

IAAL


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[This message has been edited by I AM ALWAYS LIABLE (edited April 27, 2000).]
 



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