child support termination

[akitas22]

My youngest child graduates from high school in May 2006 but she does not turn 18 until July 2006. Is my ex required to pay child support until she is 18 or until she graduates?

 

[fairisfair]

what state? Most states child support continues until the child graduates or turns 19 as long as they are in good standing with the school.

 

[Gracie3787]

My youngest child graduates from high school in May 2006 but she does not turn 18 until July 2006. Is my ex required to pay child support until she is 18 or until she graduates?

Usually CS will go to at least the child's 18th birthday, even if the child graduates before age 18. Which in this case is only 2-3 months, so it really isn't that big of a deal for either parent.

 

[akitas22]

child support

The state of Oklahoma.

And if her birthday is mid-month, as in the 18th, is he required to pay for the full month or can he legally pro-rate it?

 

[CJane]

It's my understanding that even after the child is 18 (or whenever the cut-off is in your order/state), he can't legally stop paying until there's a modification through the courts.

 

[betterthanher]

The state of Oklahoma.

And if her birthday is mid-month, as in the 18th, is he required to pay for the full month or can he legally pro-rate it?

Full month. I would suggest file for the modification NOW and request an exact date/month that your payment are to cease (i.e. final child support payment due by the end of (month), 2006).

 

[kat1963]

What does it say on your court for termination?
According to your states website:

http://www.oscn.net/applications/oscn/start.asp

He pays until she’s 18 even though she has graduated. (till 18 or if still in HS 19 or graduation whichever comes first) If he stops when she graduates then you can file a motion to show cause/contempt.

If there are no subsequent children then he wouldn’t necessarily need an additional court order as there already is one. Returning to court to terminate would likely only come into play if there was a wage garnishment issued. Most states only use a standard form which does not list a termination date. The wage garnishment order is for the employer. The employer can not arbitrarily discontinue the order unless they receive a release from child support enforcement. To insure that the wage garnishment order is cancelled on the day of emancipation either party may file to amend & review (or whatever it is called in that particular state). IF under wage garnishment many states like to force the ncp pay until the end of the month (so that they can collect their .15 on the dollar from the Feds. as just another little game). HOWEVER, even though it might be collected does NOT mean that the CP is entitled to the additional support and it is usually refunded to the NCP by the state in short order. Should the state distributes the funds to the CP and according to the court order/state guidelines the NCP feels that the CP was unjustly enriched there is always a small claims court action that can be filed.

Unless your court order or state guidelines specifically spell out that child support continues until the last day of the month then he can pro-rate support based on the day the child emancipates. You will need to research CO to find out…but frankly most states that force support until the end of the month (not many) will state so plainly in the court orders or guidelines for termination of support (As example: support continues until the last day of the month in which the minor reaches the age of 18….)

KAT