I've paid child support for the last 22 1/2 years - never late / never missed one payment ( one child ) My child just graduated college.
I asked her mother if she agreed that child support should end. Her response was no. I have to keep paying and she's going to seek a modification to the existing CS agreement because she felt I didn't pay enough for college or health insurance costs - ( I pay health insurance for both ) ( and I contributed significantly to college ).
My child was born out of wedlock and custody / visitation was about as contentious as it gets. The Mother has MS which limits her to a wheelchair. ( court sympathy? )
Assuming that you and the mother went to court and had a parenting plan approved by the court, which included provisions relating to child support you should be able to look at your agreement and determine whether the child is "emancipated" for the purposes of ceasing child support payments. If you no longer have this agreement you can always go to the court where the case was heard and ask to see the file.
I'm working under the presumption that you have some sort of court order and/or agreement underlying all of this. Regardless, the answer to your question seems to be yes, your obligation is finished. But I would consult with an attorney who could review the relevant pleadings and orders to be certain. And yes, file a Complaint for Modification to officially stop.
The answer depends on some additional information. What does the court order say? Does it have language that means that child support terminates at a given point? If so, follow the order. How do you pay child support? Do you pay directly? Do you pay through DOR? If you pay through DOR, you are entitled to present the fact of graduation to DOR and request a termination. If you pay directly and the court order is not clear on termination, file a motion to terminate.
The mother can't get more money. A modification can not be made retroactive beyond the date of service of the complaint upon you. Since you have not been served and college is over, she can't get more money to pay for child expenses.
As for health insurance, the court can't order you to pay if the child is emancipated. However, under current law, a child can still be covered on a parent's policy until age 26. I hope that you will take steps to make sure your child has health insurance.
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It depends if there is an emancipation clause in your separation
The short answer is yes.
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Read the court order to determine if the child support terminates automatically. There is no doubt graduation terminates the child support order. There is no reason to continue to pay. If it is paid through DOR contact your case worker immediately. Good luck!
FYI, the mother has no legitimate argument to extend child support, regardless of her medical situation. It is over, plain and simple.
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