Asked 6/7/2011
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What do I need to do to get continuation of child support until my son graduates or am I ok? I live in Georgia and when I divorced in 2002 the attorney's had the agreement read that child support was to be paid until the youngest child turns 18, dies, marries, or is otherwise emancipated. I was concerned with the wording at the time of the final divorce and expressed my concerns to my divorce attorney because I knew my son would not graduate until 1 month before turning 19 years old. She said not to worry, we would cross that bridge when it came time. I will be crossing that bridge next June. My ex says he is discontinuing child support on my sons 18th birthday and he will be in high school for another year. Should I expect a huge fight to get continuation of support until he graduates? |
Answer 1/7 - Submitted 6/7/2011
Answer 2/7 - Submitted 6/7/2011
Answer 3/7 - Submitted 6/7/2011
Hi, chamberssb49, and welcome to WebAnswers.
While the original order should have reflected your situation under Georgia law at the time and for which your attorney should now correct at no further charge to you, pursuant to O.C.G.A § 19-6-15(e), the court has - and had then - sound discretion to modify the order to accommodate your son's graduation from high school, provided that he do so by the time he has reached 20.
While you ex is an ass, your attorney is an idiot. This could have easily been avoided if the order had simply stated the situation as you knew it would be and you would not have had to return to court now.
So, you will have to contact this attorney and ask her more nicely than would I to file a modification under O.C.G.A § 19-6-15(e).
I hope this is helpful to you. Thank you for choosing WebAnswers as your source.
Answer 4/7 - Submitted 6/10/2011
If not addressed in the order, at what age child support automatically terminated as a matter of state law? Age 18 unless specified otherwise. So by what the order states the child support stops at the age of 18 as stipulated in the order, the father needs to contact the child support agency and tell them the child has reached the age of 18, there is no law in Georgia that stipulates that child support is to continue until the child graduates or turns 19 in georgia.
Answer 5/7 - Submitted 6/10/2011
Answer 6/7 - Submitted 6/10/2011
In the state of Georgis Is child support ever paid beyond the age of majority? Yes, if specified in an order by consent. An example might include extraodinary medical needs, handicapped, ect. the child support in Georgia is automatically terminated at the age of 18 if there is no stipulated order in effect stating the child support is to be continued past the age of 18. Georgia laws state support order entered after 7/1/92 may provide for the entension of child support to age 20 if the child is still a high school student. If this is the case hear then the custodial parent would need to file to modifly the orignal order.
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