Legal Question in Family Law in Utah
My child turned 18 and moved out of her custodial fathers home, but is still going to high school. Do I still have to keep paying child support?
1 Answer from Attorneys
Utah Code Annotated, Section 78B-12-219 provides that child support is payable until a child turns 18 or graduates from high school during the child's normal and expected year of graduation, whichever occurs later, or if the child dies, marries, becomes a member of the armed forces of the United States, or is emancipated in accordance with the provisions of a juvenile court proceeding where a juvenile court declares a minor child to be emancipated. As your child is now 18, emancipation through the juvenile court is inapplicable. The short answer to your question would be that, yes, child support will continue until your child graduates from high school. However, there may be a way to petition the court to terminate child support if the child is literally living on her own without financial assistance from her father or yourself. I would recommend that you retain an attorney to explore your options.