Home School and extending child support


#1

I understand that child support ends if the child turns 18, and had successfully completed High School. OR, still in High School and working with good progress toward their diploma up to age 20. My question relates to Home Schooling. My ex has my youngest daughter in home/on-line schooling (out of state as well). My daughter would turn 18, and finish High School in May of this year. I just found out that my ex is allowing my daughter to take 6 months off from high school, but has to return to school by April of 2009, one month before she turns 18. Am I still responsible for paying child support on a child that could be graduating in May, but won’t graduate until the following year because she is being home schooled by her mother, and has been allowed to basically stay out for a year? I know this is a ploy to milk more support, regardless of the negative impact to our daughter. I want to know if this is legal, and if I have recourse. North Carolina has jurisdiction in our case, but my ex now lives in Tennessee and I in Iowa.


#2

The child support laws can vary from state to state. I would suggest consulting with an attorney in Iowa to determine the specifics of the law there. Since no one lives in North Carolina at this point it is proper for NC to release jurisdiction, and jurisdiction is proper in the state in which you, the obligor, now live.


#3

We set things up in the decree that North Carolina maintains jurisdiction, because she was moving out of state, and I was about to move out of state, we would eliminate dealing with any laws from separate states. North Carolina maintains jurisdiction in our case.


#4

I see, that does change things. I certainly don’t think a court would allow your ex to manipulate your child’s school schedule to maintain support payments. Based on the facts you list it is clear she is attempting to do just that. I would suggest you make a motion for termination when your child reaches 18 and refute your ex’s claim that the child is “making satisfactory progress” towards a diploma. Taking a year off from school is no progress at all.