Legal Question in Family Law in Louisiana
child support after emancipation
My ex and divorced when my son was 16, he never paid child support. my son is 19 now and has moved out to college. My ex promised to pay his housing but is not. He fathered another child while we were married and that child receives 321.00 a month, out of a wage garnishment. Can I still collect what is owed to my son? I know we have to leave him a certain percentage of his check to live on. Will this affect what my son gets?
1 Answer from Attorneys
Re: child support after emancipation
Your question does not mention whether you have a judgment ordering your ex to pay child support for the 2 years of your son's minority. Any support order ends when your son turns 18, or when he graduated from high school. However, even if he had not graduated from high school, the obligation to pay ends when your son turned 19. If there was a court order you can get a judgment for back support. If there was no judgment, you are out of luck. And your ex has no responsibility under the law to pay for your son's college.
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