Legal Question in Family Law in Texas
Child turns 18 and not ''enrolled'' in school
My daughter will turn 18 in January. She is in an alternative school and finished all of her academic classes. She is lacking a PE credit and is able to get credit by working a job for 200 hours. She has quit her job, and does not attend any classes since she is finished. My question is: Since she will be 18 and is not attending school, do I still have to pay child support? The school said she has until age 21 to get her diploma. I find this ridiculous because of her own free will she is not working, not attending school but still able to receive my child support. She is also a drug addict (cocaine) so I am supporting her habit. The Education code states that she has to be enrolled in school and meet the attendance requirements, but the Attorney General is just looking at the diploma. Please HELP!
2 Answers from Attorneys
Re: Child turns 18 and not ''enrolled'' in school
The risk you run is not complying with the order of support and unilaterally interpreting the language (or asking me to). The safest thing is to seek a clarifying order through your attorney and let the Court hear your story and decide the issue. If it turns out that your interpretation is incorrect, you might wind up owing child support.
Re: Child turns 18 and not ''enrolled'' in school
I agree with Mr. Grissom's earlier reply, and only wish to add, that most decrees indicate that to pay child support past the 18th birthday requires the child to be enrolled full-time towards a diploma. But you state that she is not fulfilling any requirements necessary towards that diploma. It seems that an attorney, for a reasonable cost, could obtain such a clarification order in your case. Probably for a fee similar to one months child support.
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