My divorce decree does not mention anything about having to continue paying support after my children are over 18 and/or are in college. My child support order now, states that support only is for TUITION, but does not mention college. my son will be graduating this year and I plan on filing a Petition to Modify so that I no longer pay my ex support for him. Will I be ordered to continue if he goes on to college?
Family Law Attorney
Pennsylvania law establishes that both parents are liable for the support of their children who are unemancipated and 18 years of age or younger. However, parents may be liable for the support of their children who are 18 years of age or older. For example, a support obligation may continue for a child who is 18 and still attending high school. When a child is emancipated, or over 18 years of age and no longer attending high school, one of the parents may file a "Petition for Modification of an Existing Support Order" to request that the child support order be stopped. Additionally, there may be other situations, such as the existence of physical or emotional challenges, when parents may be required to pay support for a child who is 18 years of age or older.
If your son does not have any disabilities and you did not agree to contribute towards his college education, your support order should terminate wince the arrears, fees, & costs are paid in full.
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File your petition. If this is in Delaware County and would involve a hearing before a support master, I strongly advise you to obtain legal representation from a family law attorney versed in support laws of our state. You have some time to find an attorney now who is an expert in this area.
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