Legal Question in Family Law in Minnesota

Manditory support for college student

Can I be forced to continue to pay child support while

my child is in college even though he is over 18 and

graduated from high schoo


Asked on 8/19/00, 7:25 am

1 Answer from Attorneys

David Kelly-952-544-6356 Kelly Law Office

Re: Manditory support for college student

Disclaimer:

This response is for general information purposes only and does not create an attorney-client relatiionship. You are advised to consult the attorney of your choice about the details of your case.

Response:

The Minnesota statute on child support defines "child" as a person under 18 or a person under 20 who is still attending secondary school. If the child is in college, he or she falls outside the definition and your child support obligation should be over.

The only exceptions to this I know of are the following:

1. If the child is disabled and unable to care for himself or herself. Kids with downs syndrome and such fall in this category.

2. If you voluntarily agreed to a provision in your divorce decree which continues the child support past the usual cut off. If your problem is based upon a stipulated agreement which was part of your divorce settlement, you may now be stuck with it.

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Answered on 9/26/00, 10:56 am


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