Legal Question in Family Law in Pennsylvania
child support
My step has gotten in criminal trouble...as a result, he has missed some schooling. He turns 18 this October and is residing with his maternal grandmother who we have made regular child support payments to. He had quit school/ been asked to leave school due to his criminal record and his violation of probation...so she has enrolled him in a private high school because she believes we will have to continue paying child support beyond his 18th birthday if he is still in high school. We reside in MD, and my stepson resides in PA. Are we still financially responsible for paying child support beyond his 18th birthday and for the decisions the maternal grandmother is making without our consent? Right now my husband has joint custody of stepson with his ex-wife...and how much is ex-wife financially responsible?
2 Answers from Attorneys
Re: child support
As the child lives in PA then the question is on for the PA courts to decide.
The law in PA is that a child is emancipated when he either turns 18 or graduates high school which ever happens last.
The issue maybe did grand mom have the legal right to enroll him in another school. To do that she has to have legal as opposed to physical custody.
Without seeing the current custody order I can not say one way or another.
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{John}
Re: child support
This will probably depend on what court has jurisdiction. In MD, by statute, child support may be continued until age 19 if the child has not completed high school and is still in school. Is he emancipated?This would be an issue argued at court. I could nnot advise on PA law if that court has jurisdiction.