Legal Question in Family Law in Pennsylvania
my step son will turn 18 in june but will not graduate until the following June..does my husband stop paying in June or does it continue til he graduates
1 Answer from Attorneys
When he turns 18 or graduates, whichever is later.
Since he will not graduate until June 2014 then child support continues unless the child drops out of high school or gets a GED. See Rule 1910.19. Support. Modification. Termination. Guidelines as Substantial Change in Circumstances. Overpayments.
* * *
(e) Within six months prior to the date a child who is the subject of a child support order reaches eighteen (18) years of age, the domestic relations section shall issue an emancipation inquiry and notice to the obligee, with a copy to the obligor, seeking the following information:
(1) confirmation of the child�s date of birth, date of graduation or withdrawal from high school;
(2) whether the child has left the obligee�s household and, if so, the date of departure;
(3) the existence of any agreement between the parties requiring payments for the benefit of the child after the child has reached age eighteen (18) or graduated from high school; and
(4) any special needs of the child which may be a basis for continuing support for that child beyond the child�s eighteenth birthday or graduation from high school, whichever is last to occur.
The notice shall advise the obligee that if the inquiry is not returned within thirty (30) days of mailing or if there is no agreement or the child does not have any special needs, the charging order may be modified or terminated by the court. In order to avoid overpayment, when no other children are subjects of the child support order and the obligee either does not return the emancipation inquiry within thirty (30) days of its mailing or does not assert grounds for continuing support for the child, then the domestic relations section shall administratively terminate the child support charging order without further proceedings on the last to occur of the date the last child reaches age eighteen (18) or graduates from high school. Termination of the charging order shall not affect any arrears accrued through the date of termination. The court shall have the authority to enter an order requiring the obligor to pay on arrears in an amount equal to the amount of the charging order until all arrears are paid.
If the order applies to another child or children and/or the obligee asserts that there is an agreement between the parties or that a child has special needs requiring continued support, then the domestic relations section may schedule a conference prior to the child�s attaining age 18 or graduating from high school to determine if the charging order should be modified.