Legal Question in Family Law in Minnesota
Defining end of child support
My husband's divorce decree states that he stops paying child support under one of the following terms: child turns 19, marriage, death, military service, or child leaves home in a self supporting role. One of his daughters turns 18 end of April. She is living on campus at a federal job corp program to learn job skills and get high school degree. She receives meals free and small income. Since she is not living w/ mother anymore, do we still need to pay child support since she is legal adult and not living w/ mom? (I know if she moves back in w/ mom, we will have to pay until she's 19.) Also, if our financial responsibility to her is done, how is support for remaining child calculated? Thank you!
2 Answers from Attorneys
Re: Defining end of child support
Since she is still working toward a high school diploma, child support would continue.
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Re: Defining end of child support
Child support obligation continues until she completes high school, but you may have grounds for bringing a motion to modify child support based on decreased needs, especially once the eldest child finishes high school and there are only the other remaining children's needs to consider. Whether a modification motion is advisable would depend on a wide variety of factors, including both parties' current income and expenses, etc.