Wednesday, December 31, 2014

I share legal joint custody of my 17 year old daughter. Ex-wife has physical custody of daughter. Daughter turns 18 end of Oct. I pay child ...

Question

I share legal joint custody of my 17 year old daughter. Ex-wife has physical custody of daughter. Daughter turns 18 end of Oct. I pay child support until she graduates high school 2013. Ex-wife refuses to participate in responsibilities of legal joint custody. I live in a different state than they live.

Question: Do my rights end when she turns 18 or when she graduates?



Answer

The order that directs you to pay child support should have language in it that sets for the period of time in which you are responsible for paying child support. Some years ago NM passed a statute that allows child support to continue to be due and owing for kids who are in high school and over the age of 18. However, the decision to order someone to pay support in such a situation is discretionary with the judge. Thus, you have to look at your order and read what the language is in the order as to the duration of the child support obligation; i.e., how long you must pay.

Hope this helps.

Law Guru



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