Hi folks. My question is probably pretty simple. Child support ends with graduation from HS or age 19, whichever happens first. My daughter turns 18 in Oct and wil graduate next May. I would imagine I need to show proof to my daughters' graduation to the finance department to authorize an end of withholding effective 1 May (last payment).
Her school's website indicates that my daughters' authorization is required in order for me to recieve a transcript. There's no chance of her agreeing to let me have a copy of it. Our relationship is virtually non-existant now, but that's another story.
From a legal standpoint, what else could I obtain without her authorization that will show she has graduated?
You can and should get a court order stopping the requirement of child support payments deductions. You need to see and attorney in order to get this process completed. If you need an attorney and do not have one, please feel free to give our office a call at 404-636-6616.
Although I do not practice in your area of Georgia, I have handled cases of this nature in the metro Atlanta area. If your Child Support and Income Deduction Orders state that your obligation ends upon graduation from High School, all you should be required to do is provide documentation to your HR department showing your child has graduated. Generally, both parents have joint legal custody which means you should have access to the child's school records including transcripts and proof of matriculation (graduation) without having to obtain the other parent's (or child's) permission. If you have access to records pursuant to a court's order then you should provide a copy to the child's school. I am unsure of whether or not the child being over the age of 18 prior to graduation negates orders of access to records for parents. However, if you do not have access to records pursuant to your custody order or otherwise cannot obtain a transcript, you may want to try sending a letter to the school request some official document confirming that your child has graduated. Check with your HR department as to what kind of evidence of graduation they need. If that is not available or does not suffice as evidence for your HR department, then you will need to petition the court to terminate the income deduction order based on your belief that the child has or will shortly graduate from high school. In your petition, you can request reimbursement for amounts paid by Income Deduction Order after the month of graduation. Since your child's graduation is not until May 2013, filing your petition at this time would be premature. I would advise that you speak with a family law attorney in your area and would be happy to recommend someone. Good luck!
Your imagined requirements are inaccurate... to authorize termination of child support you need an Order terminating support. Your finance department would not want to be put in the position of having to determine whether or not you qualify for cessation of child support. Thus, what you will need to do is file an action around April seeking termination of support upon the date of your daughter's graduation.
I hope this information helps answer your question(s).
~ Kem Eyo
The above answer is a general explanation of legal rights and procedures. It does not constitute legal advice. Nor does it establish an attorney-client relationship between the individual posting the question and the attorney providing the answer.
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