Legal Question in Family Law in New Hampshire
Child support guidlines can change
Currently I am paying child support for a child.
My existing documents state that I must pay until the child is 18, graduates high school, or joins the armed forces. My child has consistantly failed classes in high school for the past 2 years, He turned 18 years old in Oct of 2000. His physical gaurdian( mother ) did not take steps to help this child graduate from high school in a timely manner.
She is remarried to my sibling and my son works full time.
Question :
Should the gaurdian have to provide physical evidance of the childs attending school to the support provider? ME.
and How long will a court find reasonable for a child to graduate high school. he will be 19 in oct. and she intends on sending for 1 class more next year as well?
1 Answer from Attorneys
Re: Child support guidlines can change
The issues your raise relate to whether the child is "actively pursuing a diploma" See Snyder v. Clifton, 139 N.H. 549 (1995). It is also a question of whether the child is emancipated, whether the child works full or part time. Your question, as posted, suggests the child is only going to be taking one class in the fall. I would therefore presume the child will continue to work full time. It sounds like the child is not really justified in receiving continued child support under these circumstances. If the facts are different (e.g.,full time student in the fall), the results could be different.
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