Do we have to keep paying child support past 18 yrs old?

Question

My stepson turned 18 in March. He did not finish high school, he is taking night classes to get his diploma, (or so we are told) He works under the table during the day and still lives with his mother. Child support was never court ordered, we just pay each week, do we have to keep paying now that he is 18? They will be moving out of state in about a month. We live in Massachusetts. Thank you

Answer 1

NO!!!

Answer 2

First of all you had better read this well.

If the child support is not COURT ORDERED you spouse is a damn fool.

Now, if you're still reading, here is why. the ex can go back to court and file now and at a minimum, if your husband can't prove each and every payment, the court can order support for the last 18 years then the court can order retroactive child support beginning at birth.

The state of Massachusetts allows for interest to be charged on late child support payments, retroactive support, and adjudicated arrears at a rate of 12% annually. Depending upon payments received, obligors might not be assessed interest or might be eligible to apply for a waiver under certain circumstances. (M.G.L. c.119A, s6(a) 830 CMR s119A.6.1)

I would suggest you ask the mother for proof that the child is attending school and agree to pay the support until a date when he is supposed to graduate or does graduate or no longer than his 19th birthday.

In the agreement, the mother is to sign an affidavit of completion stipulating that child support has been paid regularly by the non-custodial parent and will be completed on the date agreed.

This is why it is NEVER a good idea to do a 'self-help' solution.

Answer 3

If he is now 18, is not disabled, and can't prove that he is still enrolled in classes (regular high school clases, whether day or night, not GED), then no. He is now an adult.

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This poster is incorrect. It is only through HIGH SCHOOL unless disabled. Some individual states include college, but that is not widespread (nor should be) and typically determined on a case to case basis.

Great job, BTW, to have continued to support the child all this time without a court order. It's a shame more people don't get along to be able to determine themselves what is best. What I would recommend though, is if he is indeed going to night classes, to cover him at least through what would have been his graduation in June since the law usually states 18 or finished high school. Some kids just don't do well in the day school environment and just getting them finished is a good thing!

Answer 4

The world we live in is a different place these days. It used to be as a woman you could work part time and house make part time, You could be a stay at home mom or work full time. You could volunteer part time and...well you get the picture. A guy, well, he has to just work. No other options. What is so wrong with you going to work and supporting him while he cleans and takes care of the kids? Sure you have to have them. But he takes care of the rest. Men are just as good of parents as women. Why does this not make sense? What has happened here is generally the same thing as 15 years ago, just the genders are reversed. If you and he can come to an agreement that you will do the work and be the bread winner and he will stay home and clean and everything else, what is the harm in that. Just because a person squats or stands in the end has nothing to do with anything. It sounds to me as if you and he have some plans already. Make some more. Come to terms with things. Do you expect him to be a money maker in the relationship? Does he? Can he accept the fact that every dime he has in his pocket comes from you? Remember a marriage or partnership is a true team effort and the only way to win and get to the final goal is to play together effectively and honestly. Good luck.

Answer 5

First off, you need to ask a lawyer this question. Don't forget that using the defense of "...but they told me on Yahoo Answers..." won't look too good in front of a judge.

It's hard to believe that child support was never ordered, especially in an ultra-liberal state like Massachusetts.

Having said all that, however...if it were me, I wouldn't pay child support once the boy turned 18 if he'd already dropped out of public school.

Answer 6

No you do not have to pay current support past the age of 18, unless it is court ordered, the child is attending school full time, or you have back support due. If you owe support from previous years then you must continue paying until the back support is paid off. If you are current then you should be done.

Answer 7

You are not responsible for child support after the age of 18 unless there is a court order that says so. You didn't even HAVE to pay it before the age of 18 unless it was court ordered. But its nice that he did pay it.

Answer 8

If it's not court ordered - you never had to pay "technically" though ethically you did.

However - the kid's 18 and old enough to get his crap together and start standing on his own two feet.

Sounds like the parent that was taking care of him wasn't keeping much discipline on the child - which led to him not finishing school properly.

Answer 9

If child support was never court ordered, you never "had" to pay it in the first place. You certainly do not have to continue now the the boy is an adult.

Answer 10

I live in Maryland, but our state law is that as long as a child is in school the non-custodial parent must pay support until the age of the child's 19th birthday. Just look up the child support laws in your state it should tell you.

Answer 11

My mom received child support for me until I was 19, but I had to be in some sort of schooling. So to tell you the truth Im not sure since its not court ordered and you reside in MA, im in CA.