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 live in PA and have been paying child support for the last 15 years. My youngest child turned 18-years-old this past February, but failed his senior year of high school. When I called Domestic Relations to have the support order ended, I was told that my ex-wife informed Domestic Relations that my son was considering re enrolling in High School this fall in an attempt to graduate and obtain his Diploma. Because of this, the support order has continued. It is now a month into the school year and from all appearances, my son has no intention of applying for enrollment – certainly not this year, and he has a full time job. My questions are: 1) Since he has not enrolled, can I now, finally, have the order cancelled? 2) If not, at what point can I? I feel that this ‘he may, he may not’ merry-go-round has to have a timetable, does it not? She can’t possibly keep collecting support in perpetuity while my son wavers back and forth with the decision to go back, or leave behind, his High School career, can she? My son is working full time as an electricians apprentice. I find it difficult to understand the reasoning behind having to pay support for a legal adult, who has a good paying full time job. Thank you for your time.
Since your son has failed to enroll in school, and based on the information you provided, it appears as though he will not continue, you can file an order to have your child support reduced or terminated. Depending on your state law, and the language stated within the current order, you will have to provide evidence that your son no longer seeks to finish school in order to be required to no longer pay support. The court may provide your son a window of time to enroll in school. If he fails, this should be sufficient to terminate support. You need to speak with a local attorney for legal advice.
