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“I live in PA my question is my boyfriends 18 year old daughter decided to quit school in her senior year after a few months domestic relations quit the current child support and he is just paying on the arrears. Now the mother threatened to start child support because daughter decided to take GED classes. Is he going to have start paying child support again.”The general rule for Pennsylvania would be that support would continue until a child reaches 18 or graduates from high school, whichever comes later. You’ll need to check it out with a local attorney, but it appears the relevant Code Section concerning support termination is Pennsylvania Code 1910.19. That section also speaks about whether or not the child is emancipated. Interestingly, had your boyfriend sought a modification while his daughter was no longer a student, current support would have been zero. Now, since she is still pursuing the high school degree (not yet graduated) he may still be obligated to pay support.
Question: The Code Section jibes with the Statue Pennsylvania Title 23 S4321. Liability for support. Subject to the provisions of this chapter: 1. Married persons are liable for the support of each other according to their respective abilities to provide support as provided by law.; 2. Parents are liable for the support of their children who are unemancipated and 18 years of age or younger.3. Parents may be liable for the support of their children who are 18 years of age or older.
Answer:
If a Court order cancelled the current support amount (if this is what is meant by “quit the current child support”) at a time when his daughter was 18, then it appears that he should not have to start paying it again. Additionally, if “the mother” is trying to institute a new action on behalf of the daughter (now over 18) the daughter’s consent may be required.
