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View Full Version : Runaway child is now 18


krltswy
Oct 29, 2007, 07:35 PM
Hello,

My son just turn 18 and decided to runaway from the house and move back with his mom in NY, I live in Hawaii... He dropped out of school and borded a plane without my authorization... I know his mom is going to try to seek child support for him. He is currently in his last year of school... I have his custody... would I be forced to pay child support?

charlotte234s
Oct 29, 2007, 07:41 PM
If he is in your custody LEGALLY you are not required to pay child support unless she files for and successfully wins custody and files for child support.

excon
Oct 29, 2007, 07:42 PM
Hello k:

If he's 18 he's an adult. Adults don't run away. They move to where they want to live. Nobody has custody of an adult. You don't pay child support for adults.

excon

charlotte234s
Oct 29, 2007, 07:45 PM
If he's 18 he's an adult. Adults don't run away. They move to where they want to live. Nobody has custody of an adult. You don't pay child support for adults


Even if the child is 18, the non-custodial parent is required to pay child support until the child finishes school. I guess though since he dropped out of school no one pays child support for him anymore.

Fr_Chuck
Oct 29, 2007, 09:00 PM
Well while he can't run away at18, he can leave, but this is a legal problem, if he lives with your ex, and goes back to school, including college latter, your ex can file for custody, and request child support, so yes it could happen,

macksmom
Oct 30, 2007, 05:04 AM
If he is 18 and not in school you will not have to pay support.

ScottGem
Oct 30, 2007, 06:24 AM
Some of this would depend on the custody order that was agreed to at the time of the divorce. But generally, the advice you were given is correct. Once he turned 18 he no longer needed your authorization to do anything. Now if he used your credit card to buy the airplane ticket you can get him arrested.

Also, if he chooses to go back to school, your ex might make a case for getting child support.

tawnynkids
Oct 30, 2007, 10:29 AM
I believe that since he is now 18, even though he may be finishing his last year of high school, mom can not obtain "custody" in a legal sense as he is now considered legally an adult. So, it would stand to reason that you would not be ordered to pay child support as she could not obtain "legal custody". But she could file to terminate her paying child support to you on the basis that your son has "emancipated" himself. Child support would only be paid to you as long as your son is still in school and living with you.

However, I would really check with a lawyer for advice (most will consult for free) because the laws regarding child support, continuing child support for schooling and age of minority can be different in different states.