Youngest child nearing 18 and mother has let him fail high school

[Waterboy4810]

What is the name of your state? Texas
So my youngest son turns 18 in a few months. He has for all intent and purposes completely blown off school. His first two years he went to school but only received 2 maybe 3 credits. He was well liked my the staff and they know he is plenty smart. I met with his teachers, vice Principal and counselors, but not living under the same roof effects my ability to help him. The school staff did not like working with my ex. Last year my ex wife enrolled him in a home based school where he completed about one months worth then he got a job and has been working for much of the past year. So he was truant the entire year but no one came asking. Now she has enrolled him in a self paced program call Penn Foster and she is expecting me to continue paying her child support until he graduates.
Is this something I should fight? She is the one that had control over him for the past 4 years and allowed him to fail. Why should I be forced to continue to pay when every effort I made to help him was met with resistance and hostility both from her and him? She doesn't work and has been home the entire time he went to school and during the home school time, she just didn't help him.

 

[FlyingRon]

Unlikely any legal action will take effect before the child is of age. What does your child support order say about non-enrollment?

 

[Zigner]

Worst case is that you'll pay until he's 19, even if he's still "in school".

 

[Just Blue]

What is the name of your state? Texas
So my youngest son turns 18 in a few months. He has for all intent and purposes completely blown off school. His first two years he went to school but only received 2 maybe 3 credits. He was well liked my the staff and they know he is plenty smart. I met with his teachers, vice Principal and counselors, but not living under the same roof effects my ability to help him. The school staff did not like working with my ex. Last year my ex wife enrolled him in a home based school where he completed about one months worth then he got a job and has been working for much of the past year. So he was truant the entire year but no one came asking. Now she has enrolled him in a self paced program call Penn Foster and she is expecting me to continue paying her child support until he graduates.
Is this something I should fight? She is the one that had control over him for the past 4 years and allowed him to fail. Why should I be forced to continue to pay when every effort I made to help him was met with resistance and hostility both from her and him? She doesn't work and has been home the entire time he went to school and during the home school time, she just didn't help him.

Did you file to modify based on the ^ circumstance?

 

[PayrollHRGuy]

She is the one that had control over him for the past 4 years and allowed him to fail.

He was in college. He allowed himself to fail.

 

[Just Blue]

He was in college. He allowed himself to fail.

OP's child is on High School.

 

[Waterboy4810]

Unlikely any legal action will take effect before the child is of age. What does your child support order say about non-enrollment?

 

[Waterboy4810]

My order says nothing about non-enrollment.

 

[Waterboy4810]

He was in college. He allowed himself to fail.

He was in high school.

 

[Just Blue]

He was in high school.

Did you file to change custody based on your son's failing school?

 

[FlyingRon]

I'm having a hard time following what you want. Are you trying to get out of paying support? Child support is not conditional on educational performance or quality of parenting. The only out would seem to be if you were obligated to continue to pay support to a student past 18, and then whether the PennFoster qualifies as education (but I suspect from looking at it, as long as he is enrolled there it might).

You don't get to compel the other parent what to do without an order (and again that's not going to happen likely before he's 18). You can't compel him to go to a school you like or maintain any level of performance other than enrolled.

 

[Waterboy4810]

Did you file to modify based on the ^ circumstance?

Can you explain more about the circumstance approach? What does that mean?

 

[PayrollHRGuy]

Oops, when I saw "credits" I assumed highschool.

Then it even more important that he successfully complete that online course and get something that amounts to a High School diploma.

 

[Just Blue]

Can you explain more about the circumstance approach? What does that mean?

The circumstances are your son failing school.

 

[ajkroy]

Did you file to change custody based on your son's failing school?

I thought that is exactly what this thread was going to be about - how to change custody to get his son the education he needs. Instead, it was about money.