Child support issue

My stbx is getting close to 2 months behind on his child support. He claims that he doesn’t need to pay any more because our child (over 18) “should have graduated from high school” in June, although he didn’t. Our son needs another semester of school to graduate. My husband says that CS law states that there needs to be “sufficient academic progress” in order for him to be required to pay support for another semester past the time our child “should have graduated”.

He “offered” to pay a small, token amount of Child Support instead (less than 1/3 of what our Separation Agreement stipulates), and said that if I don’t accept that that this will end up in court. So in essence he is acknowledging the need for support but just balking at the amount. To note- our SA also stipulates that he is to pay all medical costs (after my initial $250 out of pocket every year) until the time of high school graduation. So, if medical issues crop up this could become a much bigger issue.

A complicating issue here is that I am homeschooling my son, it is not just a simple matter of checking with a local high school. I am wondering just what sort of proof of academic progress either a judge or CSE will require if I demand for him to continue paying the support. Or will they just check to see that my homeschool is still legally open and operating? I am also worried that he’ll turn around and try to have the alimony reduced while in front of a judge.

Thank You,

If the reasons your son did not graduate on time are valid, and he will be graduating only one semester late, that sounds like sufficient academic progress because he will graduate at the end of the semester which is end goal. But remember, when it comes to a judge, it’s always a case by case analysis of the facts.