Note: The DearEsq free 'ask a lawyer' site is offered as a free informational service to the public and is not intended as legal advice. Laws vary from state-to-state, and in addition every situation is unique, and relevant facts may not be known. The answer to the question posed below may not apply to in your state or to your situation. For legal advice in your state and your situation you should consult with an attorney in your state who is familiar with the rules and laws in your state.
I am 18-years-old. I turned 18 on February 24. My girlfriend and I have a 1-1/2-year-old baby girl. We have lived together since September 2010 (that’s roughly 6 months). When I was 16, my mom pulled me out of high school and didn’t put me back in. I have been taking GED classes because when I moved out she wouldn’t give me my birth certificate so I couldn’t put myself in regular school. My mom received $380 a month in child support from my dad even though I didn’t live with her. When I turned 18, I went to see if I can get the child support put in my name since I am still in school. I received a court date for the end of this month and when I called my father to inform him, he didn’t have a problem with continuing the child support while I’m in school. My question is whether I will be legally able to receive this child support?
Under most state laws, a parent will receive support for a minor child up until either the child graduates from high school, or turns 18-years-old (or whichever one comes first). You will need to speak with an attorney about your situation. Since you are 18, the court may decide that your father no longer owes a child support obligation. Further, since you have a child, the court may also claim that child support is no longer warranted. You should consult with an attorney that is familiar with the family law code of your state prior to your court hearing to find out your chances of receiving child support.