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.
“My husbands daughter is 18 years old and should be graduating this month, however due to lack of credits she may possibly not graduate. Our court order says support until 19 or graduation. We live in California. I understand the reason for the law as there are plenty of kids in school that are 18. However does this apply to a child who have dropped out or flunked out and has no intention of returning? She also is planning on moving to San Diego with friends next month, do we still have to continue to pay my husbands ex? Do we have a chance of getting out of this?”
Part of the reason for the “19 or graduation” is to give someone who is having trouble in school an opportunity to still graduate or, in the case of your husband’s daughter, to give someone who may choose to leave high school before graduation an opportunity to change their mind and go back. That said, if you have some way to prove that she truly has no intention of returning, your husband can file with the court to have his support modified (or, if she is the only child, terminated), and the court may be willing to reduce or end the child support.
