Legal Question in Family Law in Pennsylvania
Domestic relations
How long is a non-custodial parent required to pay child support payments? My husband has an 18 year old son who is still attending high school and has chosen to remain in his foster care home setting. Will my husband be required to continue payments until he graduates in 2007, and if he decides to atttend college?
Thank you
1 Answer from Attorneys
Re: Domestic relations
The custodial agreement usually sets this out specifically. In most circumstances the obligation for child support terminates at age 18 or when the child is "no longer in need of support." This is usually defined as when the child leaves school. Leaving school doesn't mean high school, but any school. If the child chooses to go to college or trade school the non-custodial parental obligation continues.
And here's the kicker, the non-custodial parent is expected to contribute 50% of the costs for the child's education on top of child support. Even if this is not specified in a custody or support agreement. In some circumstances the obligation can even run to post-graduate school.
Most importantly, the obligation of the non-custodial parent to pick up 50% of ongoing costs exceeds is figured before ANY loans, grants, scholarships other assistance is deducted. And this obligation accumulates until the child leaves school. So if the child didn't ask for college help until he was a senior, then he would still be able to request all amounts allowed.
Not the answer you were looking for, but the right one for the benefit of the child.
Please feel free to arrange an appointment to more fully discuss this matter or other legal matter.
Roger Traversa