Legal Question in Family Law in New Mexico

Re: child support until youngest graduates?

The law regarding the payment of child support was changed in either 1994 or 1996. It is a 'permissive law' which means that it is not absolute but one of which a judge has to make a determination in order to apply it. Be that as it may, in real world practical terms, what the law did was take child support out of the arcane world of make believe and put it into the real world where 90+% of all seniors in high school are 18 years or older and still in need of child support.

If you have an order for child support and it does not have the magic language that says something like "child support shall continue until the child(ren) have attained the age of 18, have graduated from high school or have reached the age of 19" then you should see a lawyer (immediately, if not sooner). If you have a child who will be in high school, will be 18 and not have graduated from high school and you do not have the magic 'legal' language and you would like child support to go longer then go see a lawyer. That may sound a little strangely worded but my own self can be the example. I turned 18 in my senior year in December. I was not going to graduate until June. Had the law been in place and had my mother gone to court then she could have continued receiving child support until the end of the month when I graduated - even though I was over 18. The same thing is true in that some kids fail a grade or they are born on September 12 and just miss the deadline for starting school when they are age 6.

Regardless of the situation (multiple children) your court order MUST have the language in it that says support will continue past the age of 18 and until the child graduates or achieves the age of 19. If you have three or 5 or 7 children and that language is in there then that means support continues in that manner for each of them (or until the other parent figures out they can ask for support to be recalculated afte a child has graduated from HS). The amount of support can change as each child meets the legal requirements for NOT receiving support but IF the language is in the order then support continues.

If you are not sure exactly what the language is saying in your court order then you should consult with an attorney as to the specific language in your court order.

The answer you see on an internet bulletin board (like this one) gives general answers to general questions about the law. If you want to know specifically about your case you should consult with an attorney.

Good luck

Law Guru