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Asked 6/7/2011

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?

 
 
 
 
Answers

Answer 1/7 - Submitted 6/7/2011

You can go back to court and ask the judge to modify it. He may or may not modify it. It's worth a try though if your son is going to still be in school after he turns 18.

 
 

Answer 2/7 - Submitted 6/7/2011

And your ex husband is a real jerk, IMHO.

But shawniepea is right, you just have to have a hearing before the judge to determine if the order can/will be modified.

 
 

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

No, but what Georgia law does provide is that an order can be entered that continues child support until age 20 to provide child support until the child actually graduates from high school, which is what should have occurred when the order was first entered.

 
 

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.

 
 

Answer 7/7 - Submitted 6/10/2011

I believe I already CLEARLY stated that that is what, unfortunately, she will have to do, but I also said that her braindead attorney should now do that without any additional legal fees to the mother.

The modified order need not be by consent.

 
 
 
 
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