Legal Question in Family Law in Arizona

Ending Clild support when the child turns 18 yrs and has graduated high school

My soon to be Husband has 2 children that will be turning 18 yrs old and graduating high school, one within this school year and the other within the next one. I need to know what we need to do to make sure that the support orders get terminated when they are supposed to. We live in arizona, but are relocating to wisconson within the month. He is afraid that he is going to get screwed and have to keep paying untill his Ex-Wife files to terminate the order. Also can she request that he pay through college if it is not already stated in the Divorce agreement?


Asked on 11/08/07, 5:42 pm

2 Answers from Attorneys

Debra Palomino PALOMINO LAW FIRM, P.C.

Re: Ending Clild support when the child turns 18 yrs and has graduated high school

You will need to file a petition to modify the child support so that it is based on one child, not two. You should file in May 2008 if graduation for the oldest is in May or June. You will have to do the same the following year, but with a petition to stop child support. Child support does not continue for college unless the decree provides for it.

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Answered on 11/08/07, 6:26 pm
Rich Peters R. J. Peters & Assoc., P.C.

Re: Ending Clild support when the child turns 18 yrs and has graduated high school

He cannot "terminate" support until the oldest child graduates. He should file a Petition to do so approximately 2 months early. He may be entitled to a modification of child support when the next child emancipates, as he should only owe for one child thereafter. We can help you run some calculations to determine if a reduction in child support is warranted. She CANNOT extend child support for college purposes.

We can absolutely help with all of these issues.

I can explain the issues and procedures better by phone or in person. As you can imagine, there is too much to cover via e'mail. We offer free 1/2 hour consultations, in which we can discuss the matter in more detail.

Please call me directly to discuss the specifics of your case, or contact my assistant Alicia or my paralegal Jennifer to schedule a free 1/2 hour consultation.

/s/ Rich J. Peters, Attorney

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R. J. PETERS & ASSOC., P.C.

1422 N. 2nd Street, Suite 100

Phoenix, Arizona 85004

602.254.7251

602.254.1229 (facsimile)

see our web page at www.familylawaz.com

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Answered on 11/14/07, 1:30 pm


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