My ex wife has stopped paying child support even though our son is a full time high school student. Our son is 18 and our divorce decree says she pays until he is 18 but the state of Georgia says she has to pay until he graduates. After I discussed this with her she still refuses to pay until he graduates in May 2013. Does state law over ride what the divorce decree says? How do I file a complaint with the state to get the last 4 months of support from her?
2 Answers from Attorneys
There is NO such state law. State law allows a support decree to cover the period you ask about but does not require it. If the language just says 18, your ex wife is correct. The longer period is something you should have argued for at the time of the support order.
You need to review the divorce decree; whatever it says goes. But, usually the wording complies with state law if it was done by a competent family lawyer.