She's 18 years old and quit school last year and also moved in with her boyfriend. Her mother still wants to collect child support until she's 21. She says she's going back to school in the fall (adult ed) here's the real kicker. She's not even his. He's already paid child support until she was 18. He just wants a divorce and get them out of his life. Should he still pay?

What does his child support obligation paperwork have to say about this? It should be spelled out there pretty minutely. Especially the part about being 18 and not living at home with her mother. Look at that paperwork.

He needs to look at the original support order. It should say in there a stopping point. Is he still married to the mother? If so are they legally separated? I'm just trying to figure out why he would want a divorce but yet has already been ordered to pay support.

Mostly its going to depend on what state your in to get a real answer. In some states a parent is obligated until age 21. If that's the case in your state then the father would have to seek a modification in court and have her declared emancipated as she is no longer residing with either parent and is on her own. She has already reached the basic age of majority

Yes, you do need to look at the court docs you were provided. Most states say until no longer is a high school student.

Some states now differ though, so you need to refer back to your latest/most recent court documents regarding the issue to be sure. If you can't find them call the county clerk and request a copy and allow them proper time to bring out of archives if necessary.

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Originally Posted by shine1ca

she's 18 years old and quit school last year and also moved in with her boyfriend. Her mother still wants to collect child support until she's 21. She says she's going back to school in the fall (adult ed) heres the real kicker. she's not even his. He's already payed child support until she was 18. He just wants a divorce and get them out of his life. Should he still pay?

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What State? Do the divorce papers address the cut off age and/or circumstances?

The court order for divorce has not been finalized until all the support orders are finished. We live in Canada. All the paperwork states that support is to be paid until the child was 18. She turned 18 in June and he was then served with a new order for more support until she's 21. That's not including 4 years of back pay she wants as well. She committed adultery and moved in with another guy.

Well if he has been ordered to pay until the age of 21 then yes he still has to pay. Does he pay through the court or directly to the mother? If it is through the court I would definantly keep paying until the jude tells me to stop because that way he doesn't end up in arrears. If he has just been served to go back to court and the judge hasn't actually signed off on continued support how far away is the court date?

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Originally Posted by shine1ca

The court order for divorce has not been finalized until all the support orders are finished. We live in Canada. All the paperwork states that support is to be paid until the child was 18. She turned 18 in June and he was then served with a new order for more support until shes 21. Thats not including 4 years of back pay she wants as well. She commited adultery and moved in with another guy.

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Who committed adultery and moved in with another guy? The child or the mother. If it was the mother the adultery/moving in has absolutely nothing to do with supporting the child of the marriage.

If the daughter is legally emancipated - on her own and I believe you said she lives with the boyfriend - you must go back to Court and get the original Order changed for substantially changed circumstances and use the "emancipated" argument against future support.

At present the Order is until 21 and until that Order is changed, that's the cut off age.

I don't understand "back pay." Are you talking about back child support or back spousal support? Have you been paying both?