If June 21st is the official start of summer, high school graduation season has to be the unofficial start of summer right? While graduation is a special time for all graduates and their loved ones alike, it can have additional significance for divorced or separated parents. Why? Because it may signal the end to child support payments! So what does high school graduation and child support have to do with one another? Let me explain.
Whether your child support ends upon the graduation of your child from high school depends on the laws of your state. Therefore it is really important that you know what the laws are where you live so you don’t continue to make child support payments after you are no longer required to do so.
Does your state require child support payments after high school graduation? Make sure you know the answer.
In some states, a child is considered emancipated (i.e. no longer a minor) when they turn 18 or graduate from high school, which ever comes last. Therefore, if your child turned 18 during his or her senior year of high school, they are not considered emancipated until their graduation date. Once a child is emancipated, his or her parent’s obligation to make child support payments ends and parents are not required to contribute to college costs. In other words, once your child reaches their 18th birthday or graduates from high school your obligation to make child support payments ends. Anything you (or your co-parent) choose to do after that point is strictly voluntary.
However, other states require parents to continue to make child support payments while their child is enrolled in a secondary education program (i.e. college or a technical school). Some states also require parents to contribute to some or all of the costs of these programs, depending on the expense and the parties’ financial means. Again, it is important that you know what the laws are in your state so that you don’t over (or under pay) on your child support obligations.
What you should do if your child support payments end at your child’s high school graduation.
So what should you do if you have graduating senior and want to make sure your child support payments are terminated? If your payments are made (or received) through a government agency such as a child support office, you need to make sure that they are aware of your child’s impending graduation. Sometimes, these agencies will send a letter to both parents requesting information about your child’s graduation date. Others may require you to contact them first.
Not sure what the procedure is in your state? If you are working with an attorney they should be able to counsel you on what you need to do. If you are unrepresented, check your child support office’s website. It should have information as to what needs to be done to terminate your child support payments.
If this is your last child to graduate high school or your only child, you likely need only to confirm that they graduate this year and are already 18. Then, the office will likely administratively close your case as of the date of their graduation. There should be nothing further that you need to do to stop your child support payments.
What if you still owe child support payments for other children?
However, your case will not be closed if have other children under the age of 18 to whom a child support obligation would still be owed. While the child support office will remove your graduating child from your child support order, they may not recalculate your child support obligation based on the number of remaining children. In other words, your monthly child support amount could remain the same unless you do something about it, like filing for a modification.
Yikes! Who wants to keep paying a child support obligation that they don’t owe? I’m pretty sure no one. So what should you do?
First, before you file to modify the amount based upon your child’s high school graduation, it is important to speak to a family law attorney about your situation. It may be some time since your child support order was calculated. What if your income has changed? Or your co-parent’s income? Is your custodial arrangement different? Based upon the answers to these questions, it is possible that a modification could actually result in a higher support obligation or one that is substantially similar to what you are paying or receiving currently.
Who wants that? Again. No one. Your family law attorney should be able to calculate what your potential new support obligation could be and will be able to advise you as to whether filing for a modification is in your best interests.
So between ordering a cake and gathering celebratory balloons, make sure to schedule a time with an experienced family law attorney to discuss what your child’s graduation means for your child support obligation. Do you have a child support question or another family law issue that needs attention? Please comment below! Or better yet, sign up for my newsletter!
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