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    lazydazy's Avatar
    lazydazy Posts: 2, Reputation: 1
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    #1

    May 25, 2012, 12:45 PM
    My child graduates June 1st. Is my ex obligated to pay for that month?
    My child garduates from high school 6/1 and is already 18. Does my ex have to pay child support for that month?
    smoothy's Avatar
    smoothy Posts: 25,490, Reputation: 2853
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    #2

    May 25, 2012, 12:48 PM
    Quote Originally Posted by lazydazy View Post
    My child garduates from high school 6/1 and is already 18. Does my ex have to pay child support for that month?
    What does the support order dictate?
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #3

    May 25, 2012, 01:02 PM
    Right, what does the order say... and where? I am seeing more and more orders where support is paid right through college.
    lazydazy's Avatar
    lazydazy Posts: 2, Reputation: 1
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    #4

    May 25, 2012, 01:16 PM
    Says until he is 18 and graduates high school. On the 1st he will be 18 and graduating. But the payments are due on the first. I live in California and there is no support here after high school.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #5

    May 25, 2012, 01:19 PM
    I think it's pretty clear. Support is paid here - in NY - a month in advance. Your son will be 18 on June 1st. Support stops when he is 18 AND has graduated high school. When does he graduate?

    If support is paid in advance and he graduates in June he will meet both qualifications for support to stop - he'll be 18 AND he'll have graduted.

    If, of course, support is paid at the end of the month my "guess" would be that your ex would pay for the entire month of June. It's not worth going back to Court to pursue.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #6

    May 25, 2012, 01:45 PM
    I would say that if school ended your husband could well argue, that the actual "service" for graduation is just a formality and that the child actually graduated the last day of school.
    If they did not attend graduation they have the certificate mailed to them.

    So in fact, the father could argue that you may owe him back for June, if it was already paid in advance.

    ** just saying if you want to really pick at the meanings of words
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #7

    May 25, 2012, 02:43 PM
    Quote Originally Posted by Fr_Chuck View Post
    I would say that if school ended your husband could well argue, that the actual "service" for graduation is just a formality and that the child actually graduated the last day of school.
    If they did not attend graduation they have the certificate mailed to them.

    So in fact, the father could argue that you may owe him back for June, if it was already paid in advance.

    ** just saying if you want to really pick at the meanings of words
    True.

    And even if it's the graduation ceremony that counts, he would have until midnight to make the payment. Assuming the son was handed his diploma and flipped his tassle at 8:00 p.m. the father could, at 7:59 say "I have until midnight to pay". And, at 8:01 the father could say "sorry, but he has graduated. I don't have to pay."
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