PDA

View Full Version : SD - Do we still have to pay support after age 18 if he is no longer living at home?


hollihock
10-18-2005, 04:38 PM
My stepson turned 18 on July 2 and moved out of his mother's home. He is still attending high school but living on his own. Are we still required to pay child support?

xena
10-18-2005, 06:57 PM
My stepson turned 18 on July 2 and moved out of his mother's home. He is still attending high school but living on his own. Are we still required to pay child support?

The correct answer will depend on 2 things:

1. What state is the CS order in?

2. What does the CS order state about when CS ends?

hollihock
10-18-2005, 07:21 PM
State is South Dakota. Order does not address this other than to say what the state law is - pay child support until age 18 or 19 if still in secondary school. But - he is not living with his mom. Do we still have to pay her?

elklaw
10-18-2005, 10:17 PM
I suggest filing to terminate support based on the child's emancipation since the child does not live with either parent, but attends high school on his own and does not live with either parent. You need to get some facts to back you up, maybe a statement from the child and the school counselor or school official as to the child's living arrangements. BUt you need to get a court order terminating the support order and obligation. I suggest talking to local legal counsel to see what their advice is also.

Complete Labor Law Poster for $24.95
from www.LaborLawCenter.com, includes
State, Federal, & OSHA posting requirements