Legal Question in Family Law in Wisconsin
Support/graduation/Turns 18
My order states I must pay CS until my son graduates from HS or turns 18 whichever comes later. He has been truant and reckless regarding school this past year and will not be graduating. He lives with his mother. He turns 18 in August 1999. Even going to Summer school will not give him credits for diploma. He & his mother know this. I have written to CS agency to have him emancipated at age 18 - they are balking. Any legal precedents on this? If he didn't apply himself and was truant?
2 Answers from Attorneys
Re: Support/graduation/Turns 18
Don't know about your state, but here in Tennessee the support obligation runs to the LATER of EITHER the 18th birthday OR the graduation of the class the child was in at the time of the divorce.
In other words, here in the kid fails AFTER the divorce, your child support would probably end when teh kid turned 18, since the class he was in at the time of the divorce would graduate before his 18th birthday, meaning support would run until he was 18 and end then.
To be sure you need to speak with an attorney licensed in your state AND let the attorney read the divorce decree.
Re: Support/graduation/Turns 18
Well I'm from Ohio. I don't know what the law is in your state but I am willing to bet the court would be sympathetic to an argument that a non-highschool graduate is no longer seeking to graduate. So if he drops out, gets thrown out or otherwise ceases attendance, you may be able to drop the support order after age 18. You may have to wait and see. My belief is that as long as he is enrolled and in some manner attempting to graduate he is not emancipated. But again, you have to check local state law to be sure.
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