Legal Question in Family Law in Rhode Island

Greetings,

In my contract it states that my son will receive child support till he is 18. In an office meeting with my ex's lawyer years ago, she (lawyer) stated "or until he graduates High school". Is this whatever happens first or until both are satisfied? My son has an IEP and his challenges caused us to give him a pre school start when was younger. Thus he is a year older than normal and will not graduate till he is 18 +. He is a junior and will turn 18 in the spring of 2014.

Thanks,

Rick


Asked on 9/10/13, 4:04 am

2 Answers from Attorneys
Christopher Pearsall Law Office of Christopher A. Pearsall, Esquire

Rick,

By Rhode Island Law your child must reach the age of 18 AND have graduated from High School before you can a file a Motion for Termination of Child Support for that Emancipated Child.

Keep in mind that the court his discretion to extend the child support for up to 90 days following the latter of the two events. Additionally, if the child is considered mentally handicapped by the court, the court now has the discretion to continue child support indefinitely under certain conditions.

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Answered on 9/10/13, 3:39 pm
Jonathan Whaley Whaley, Bowie & Bagley LLC

I agree with Attorney Pearsall. I also want to let you know that once he has fulfilled both requirements, you must file a Motion for Termination of Child Support and have a judge grant the motion. Your child support obligation will not automatically terminate.

Good luck.

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Answered on 9/11/13, 1:27 pm


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