juvenile turning 18

[SeH]

First, I apologize if I've placed this in the wrong section.

I live in Kentucky.

My wife and I have a daughter who is in 12th grade and is about to be expelled due to bringing a knife to school. The school district has informed us that the expulsion will last a year and the only alternative is a "night" school (from 4 to 7pm) which places a hardship on us due to time constraints with our jobs.

My question is this: Our daughter will turn 18 in late June; will we be forced to live with her after she turns 18 because she hasn't finished high school? She has assaulted me once as well as placed hands on my wife. She has been in numerous mental health facilities since the age of 14. The police refused to charge her with a crime (bringing a knife to school) because the knife was "less than a dollar bill in length."

Any advice concerning the question above would be greatly appreciated.
sean

 

[LdiJ]

First, I apologize if I've placed this in the wrong section.

I live in Kentucky.

My wife and I have a daughter who is in 12th grade and is about to be expelled due to bringing a knife to school. The school district has informed us that the expulsion will last a year and the only alternative is a "night" school (from 4 to 7pm) which places a hardship on us due to time constraints with our jobs.

My question is this: Our daughter will turn 18 in late June; will we be forced to live with her after she turns 18 because she hasn't finished high school? She has assaulted me once as well as placed hands on my wife. She has been in numerous mental health facilities since the age of 14. The police refused to charge her with a crime (bringing a knife to school) because the knife was "less than a dollar bill in length."

Any advice concerning the question above would be greatly appreciated.
sean

You would be forced to support her until she graduates from high school or turns age 19, whichever comes first. You do not have to let her live with you, but you would have to support her. You could put her in boarding school.

 

[Zigner]

You would be forced to support her until she graduates from high school or turns age 19, whichever comes first. You do not have to let her live with you, but you would have to support her.

This is not mean as a snarky response...

Do you have some sort of citation or other evidence to support this?

 

[LdiJ]

This is not mean as a snarky response...

Do you have some sort of citation or other evidence to support this?

The same rules apply as apply to court ordered child support. In a state where the child is a legal adult at age 18 they can be tossed out, but there is still a duty to support until they graduate from high school or hit age 19, whichever comes first. Now, the 18 year old may not know about that and may never attempt to collect support, but if the state gets involved for any reason, the state will require it.

There was a case I read, which I believe was a KY case, where the parents kicked out their 18 year old pregnant daughter. She moved in with a friend and applied for Medicaid, food stamps and TANIF. The state went after the parents for health insurance and child support. It only lasted a couple of months after the case was heard, but they had to pay some arrears.

 

[Ohiogal]

You would be forced to support her until she graduates from high school or turns age 19, whichever comes first. You do not have to let her live with you, but you would have to support her. You could put her in boarding school.

That is not true. This is NOT a divorce situation. At the age of 18 this child can be evicted and have to make her own way because the parents have that right. There is no child support for a child of parents who are together.

 

[Ohiogal]

The same rules apply as apply to court ordered child support. In a state where the child is a legal adult at age 18 they can be tossed out, but there is still a duty to support until they graduate from high school or hit age 19, whichever comes first. Now, the 18 year old may not know about that and may never attempt to collect support, but if the state gets involved for any reason, the state will require it.

There was a case I read, which I believe was a KY case, where the parents kicked out their 18 year old pregnant daughter. She moved in with a friend and applied for Medicaid, food stamps and TANIF. The state went after the parents for health insurance and child support. It only lasted a couple of months after the case was heard, but they had to pay some arrears.

Sorry but I disagree. At 18 the child would be an adult. What case was it? Can you provide the cite?

 

[LdiJ]

Sorry but I disagree. At 18 the child would be an adult. What case was it? Can you provide the cite?

Its been a good 15 years back. I no longer remember the case name. If I get a chance I will see if I can find it, but it was something I happened upon when I was getting my master's and had access to Lexis/Nexus.

When CPS in OH takes a teenager into foster care don't they require support from the parents (when collectable) through high school graduation?

 

[Ohiogal]

Its been a good 15 years back. I no longer remember the case name. If I get a chance I will see if I can find it, but it was something I happened upon when I was getting my master's and had access to Lexis/Nexus.

When CPS in OH takes a teenager into foster care don't they require support from the parents (when collectable) through high school graduation?

The child ages out at 18 from CPS care.

 

[LdiJ]

The child ages out at 18 from CPS care.

So a senior in high school who turns 18 in January is just left to fend for themselves?

 

[quincy]

So a senior in high school who turns 18 in January is just left to fend for themselves?

Here is a link to Kentucky's Legal Ages laws: http://statelaws.findlaw.com/kentucky-law/kentucky-legal-ages-laws.html

Ohiogal is correct. A child stops being a child at age 18. The 18 year old can move out of, or be evicted from, the parents' home to live on his/her own.

 

[Just Blue]

So a senior in high school who turns 18 in January is just left to fend for themselves?

Apparently so.

In Massachusetts my eldest was self supportive at 17. But perhaps she was a snowflake.

 

[quincy]

I tried to edit my post again and was unable to. Here is another link that shows the exception that LdiJ spoke of: http://kyjustice.org/node/618

Although the 18 year old is an adult and can be evicted from or move out of the parents' home, if the 18 year old is still a "full-time student" in high school, the parents are responsible for supporting the 18 year old up to the age of 19.

 

[Ohiogal]

So a senior in high school who turns 18 in January is just left to fend for themselves?

Pretty much. They can choose to return to their parents' home or live with their friend/boyfriend/whoever. Some foster parents will even allow an 18 year old to remain but that is not the norm. And yes, it is an issue for these kids.

 

[quincy]

Pretty much. They can choose to return to their parents' home or live with their friend/boyfriend/whoever. Some foster parents will even allow an 18 year old to remain but that is not the norm. And yes, it is an issue for these kids.

Well, IF the 18 year old is still a full time student in high school, the parents must support them - this whether the 18 year old lives at home or has moved out.

I don't know if an 18 year old attending night school would be considered a full time high school student for the purpose of required parental support, though.

 

[Zigner]

Well, IF the 18 year old is still a full time student in high school, the parents must support them - this whether the 18 year old lives at home or has moved out.

I don't know if an 18 year old attending night school would be considered a full time high school student for the purpose of required parental support, though.

Furthermore, I seriously doubt that the child in question in this thread is going to stay in high school on her own, particularly after being expelled.