Legal Question in Family Law in Minnesota
child support and spouse maintainence
child support is going to end when the second child graduates in june. I was under the assumtion that post secondary school was college and thats what I wanted put in the the decree and it was discussed with my lawyer, I wanted it if they went on to college. The county recently told me that that is hardly ever the case, is there something i can do about it? she said that she has only seen 2 cases in 11 years that this has happened, I still have them at home and all the same expenses, and I have never gotten spousel maintainence as it was reserved, can I still presue this after 14 years, he became unemployed 2 weeks before the divorce and to make it worse the judge agreed to no amount set for child support and i had to get that readdressed a year after the divorce so he never owed anything for the 1st year, he has gotten away with paying so little, it was at 150.00 for 2 kids for 3 yrs, then he went on VA and now Social security in the past 1yr , can I do anything to get this changed as i make 2100.00, and still am supporting his boys while going to college? he was paying the most I ever have gotten of 467.00 a month since he went on va and ss, can i get spousel maintainence while he is on them? I need some advice.
2 Answers from Attorneys
Re: child support and spouse maintainence
As a general rule, unless agreed to by the parties, or unless a child is disabled, child support ends when a child graduates high school or is age 20, whichever occurs first. There is no general obligation to provide support for a child who is an adult and is attending college. I would suggest that you consult with your attorney about your apparent misunderstanding of your right to receive child support. I am responding to your message to provide you with general information, not legal advice.
Re: child support and spouse maintainence
Without an agreement between the parties that child suport will continue during college or that the parent's will contribute to that cost, a court cannot make such an order. If your court order indicates that child suport terminates when the child graduates from post secondary school. It ends when that child graduates from high school and the result cannot be changed to make it last through college.
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