Legal Question in Family Law in New Hampshire
My ex-wife home schools our two sons(with my dis-approval), one 16 and one 17(to turn 18 on Nov 4, 2009) and she demands that I continue to pay support for the older one until he 'graduates' . She said she doesn't know when he will 'graduate' and that it might be a few years before he 'graduates'. Is this legal for her to hold me 'hostage' for support AND have control of when he 'graduates'?
1 Answer from Attorneys
You have posed a very difficult question. There is no law of which I am aware that determines "high school graduation" in your setting. I wonder if the supervisory board for home schooling at the State level might have a set of guidelines? A review of your divorce decree would be the starting point. From there it is likely that a petition to the court for a determination as to benchmarks for "graduation" might be established. Perhaps taking a GED examination might be one option. I think it would be appropriate for you to meet with an attorney to more carefully review all the facts and circumstances.
Bruce L. Dorner
Dorner Law Office
80 Nashua Road
Londonderry, NH 03053
www.BruceDorner.com