kid wants to move out - help clarify my responsibility

[psgscomper]

What is the name of your state (only U.S. law)? OH

My daughter will be 17 in about a month so we have at least a year until she's legally able to move out. However I've read a number of threads about the issue of the parents financial responsibility and while some say the responsibility ends once the kid turns 18 and moves out, others say that the parent is still financially responsible for the "adult" until they finish high school regardless of whether they've moved out or not. So, does anyone know which it is for Ohio? To me, it sure sounds like we are responsible for her regardless of whether she lives with us until she completes high school.

Here's how the law reads.

3103.03 Married persons' obligations of support.
...
(B) Notwithstanding section 3109.01 of the Revised Code and to the extent provided in section 3119.86 of the Revised Code, the parental duty of support to children shall continue beyond the age of majority as long as the child continuously attends on a full-time basis any recognized and accredited high school. That duty of support shall continue during seasonal vacation periods.
...

and section 3119.86 says...
3119.86 Continuing support obligation beyond child's eighteenth birthday.
(A) Notwithstanding section 3109.01 of the Revised Code, both of the following apply:

(1) The duty of support to a child imposed pursuant to a court child support order shall continue beyond the child's eighteenth birthday only under the following circumstances:

(a) The child is mentally or physically disabled and is incapable of supporting or maintaining himself or herself.

(b) The child's parents have agreed to continue support beyond the child's eighteenth birthday pursuant to a separation agreement that was incorporated into a decree of divorce or dissolution.

(c) The child continuously attends a recognized and accredited high school on a full-time basis on and after the child's eighteenth birthday.

(2) The duty of support to a child imposed pursuant to an administrative child support order shall continue beyond the child's eighteenth birthday only if the child continuously attends a recognized and accredited high school on a full-time basis on and after the child's eighteenth birthday.

(B) A court child support order shall not remain in effect after the child reaches nineteen years of age unless the order provides that the duty of support continues under circumstances described in division (A)(1)(a) or (b) of this section for any period after the child reaches age nineteen. An administrative child support order shall not remain in effect after the child reaches age nineteen.

(C) If a court incorporates a separation agreement described in division (A)(1)(b) of this section into a decree of divorce or dissolution, the court may not require the duty of support to continue beyond the date the child's parents have agreed support should terminate.

(D) A parent ordered to pay support under a child support order shall continue to pay support under the order, including during seasonal vacation periods, until the order terminates.

 

[HighwayMan]

Do you anticipate that she will not be graduating on time?

 

[quincy]

What is the name of your state (only U.S. law)? OH

My daughter will be 17 in about a month so we have at least a year until she's legally able to move out. However I've read a number of threads about the issue of the parents financial responsibility and while some say the responsibility ends once the kid turns 18 and moves out, others say that the parent is still financially responsible for the "adult" until they finish high school regardless of whether they've moved out or not. So, does anyone know which it is for Ohio? To me, it sure sounds like we are responsible for her regardless of whether she lives with us until she completes high school.

Here's how the law reads.

3103.03 Married persons' obligations of support.
...
(B) Notwithstanding section 3109.01 of the Revised Code and to the extent provided in section 3119.86 of the Revised Code, the parental duty of support to children shall continue beyond the age of majority as long as the child continuously attends on a full-time basis any recognized and accredited high school. That duty of support shall continue during seasonal vacation periods.
...

and section 3119.86 says...
3119.86 Continuing support obligation beyond child's eighteenth birthday.
(A) Notwithstanding section 3109.01 of the Revised Code, both of the following apply:

(1) The duty of support to a child imposed pursuant to a court child support order shall continue beyond the child's eighteenth birthday only under the following circumstances:

(a) The child is mentally or physically disabled and is incapable of supporting or maintaining himself or herself.

(b) The child's parents have agreed to continue support beyond the child's eighteenth birthday pursuant to a separation agreement that was incorporated into a decree of divorce or dissolution.

(c) The child continuously attends a recognized and accredited high school on a full-time basis on and after the child's eighteenth birthday.

(2) The duty of support to a child imposed pursuant to an administrative child support order shall continue beyond the child's eighteenth birthday only if the child continuously attends a recognized and accredited high school on a full-time basis on and after the child's eighteenth birthday.

(B) A court child support order shall not remain in effect after the child reaches nineteen years of age unless the order provides that the duty of support continues under circumstances described in division (A)(1)(a) or (b) of this section for any period after the child reaches age nineteen. An administrative child support order shall not remain in effect after the child reaches age nineteen.

(C) If a court incorporates a separation agreement described in division (A)(1)(b) of this section into a decree of divorce or dissolution, the court may not require the duty of support to continue beyond the date the child's parents have agreed support should terminate.

(D) A parent ordered to pay support under a child support order shall continue to pay support under the order, including during seasonal vacation periods, until the order terminates.

If your child turns 18 before she finishes high school, you must continue to support her until she finishes high school (although your child could potentially drop out of school and move from your home at that age, too).

If your child finishes high school before she turns 18, you must continue to support her until she turns 18 (although your child could potentially move from your home before age 18 after graduating high school to attend college).

And, depending on facts, you could wind up supporting your child for far longer than age 18 (example: if she has a disability that requires care; if a child support order requires support through college or age 21).

You have the legal right to prevent your child from moving from your home at age 17. You are legally responsible for your child until age 18.

Following is a link to an Ohio Bar Association article which addresses your questions.

"Circumstances Say Whether Minors Are Emancipated:"
https://www.ohiobar.org/forpublic/resources/lawyoucanuse/pages/lawyoucanuse-255.aspx

 

[Ohiogal]

What is the name of your state (only U.S. law)? OH

My daughter will be 17 in about a month so we have at least a year until she's legally able to move out. However I've read a number of threads about the issue of the parents financial responsibility and while some say the responsibility ends once the kid turns 18 and moves out, others say that the parent is still financially responsible for the "adult" until they finish high school regardless of whether they've moved out or not. So, does anyone know which it is for Ohio? To me, it sure sounds like we are responsible for her regardless of whether she lives with us until she completes high school.

Here's how the law reads.

3103.03 Married persons' obligations of support.
...
(B) Notwithstanding section 3109.01 of the Revised Code and to the extent provided in section 3119.86 of the Revised Code, the parental duty of support to children shall continue beyond the age of majority as long as the child continuously attends on a full-time basis any recognized and accredited high school. That duty of support shall continue during seasonal vacation periods.
...

and section 3119.86 says...
3119.86 Continuing support obligation beyond child's eighteenth birthday.
(A) Notwithstanding section 3109.01 of the Revised Code, both of the following apply:

(1) The duty of support to a child imposed pursuant to a court child support order shall continue beyond the child's eighteenth birthday only under the following circumstances:

(a) The child is mentally or physically disabled and is incapable of supporting or maintaining himself or herself.

(b) The child's parents have agreed to continue support beyond the child's eighteenth birthday pursuant to a separation agreement that was incorporated into a decree of divorce or dissolution.

(c) The child continuously attends a recognized and accredited high school on a full-time basis on and after the child's eighteenth birthday.

(2) The duty of support to a child imposed pursuant to an administrative child support order shall continue beyond the child's eighteenth birthday only if the child continuously attends a recognized and accredited high school on a full-time basis on and after the child's eighteenth birthday.

(B) A court child support order shall not remain in effect after the child reaches nineteen years of age unless the order provides that the duty of support continues under circumstances described in division (A)(1)(a) or (b) of this section for any period after the child reaches age nineteen. An administrative child support order shall not remain in effect after the child reaches age nineteen.

(C) If a court incorporates a separation agreement described in division (A)(1)(b) of this section into a decree of divorce or dissolution, the court may not require the duty of support to continue beyond the date the child's parents have agreed support should terminate.

(D) A parent ordered to pay support under a child support order shall continue to pay support under the order, including during seasonal vacation periods, until the order terminates.

Question: is this a child support order? Or are you talking about your daughter wants to move out, you don't mind her doing so, but you want to know if you have to financially support her past her 18th birthday without court orders?

 

[psgscomper]

Do you anticipate that she will not be graduating on time?

Yes we do.

 

[psgscomper]

Question: is this a child support order? Or are you talking about your daughter wants to move out, you don't mind her doing so, but you want to know if you have to financially support her past her 18th birthday without court orders?

Not a child support order. Your OR summed it up quite well.

 

[quincy]

If the "or" is the case (your daughter wants to move out and you don't mind if she does), you can let your 17 year old daughter move out of your house ... but you are still legally and financially responsible for her and her actions (e.g., you are still responsible for seeing that she goes to high school; you must still support her financially; you can be held liable for her acts).

 

[Ohiogal]

If the "or" is the case (your daughter wants to move out and you don't mind if she does), you can let your 17 year old daughter move out of your house ... but you are still legally and financially responsible for her and her actions (e.g., you are still responsible for seeing that she goes to high school; you must still support her financially; you can be held liable for her acts).

But that ends at 18. And they are legally responsible in those situations that they would be for any of their children.

 

[quincy]

But that ends at 18. And they are legally responsible in those situations that they would be for any of their children.

True.

But it does not seem smart to me to let a 17 year old move out of the house before graduating from high school. Teenagers can get into enough trouble when living at home under their parents' control. It seems it would be SO much easier for a teenager to get into trouble if living on their own.

As long as a parent can be held legally liable for the actions of their children until their children turn 18, keeping them at home and under a watchful eye until they are 18 makes a good amount of sense.

That said, I am sure there are circumstances where a teenager moving out early is best for everyone. It is possible that it is best for psgscomper's family.