Legal Question in Family Law in Rhode Island

step-son is 18, graduated high school, do we still have to pay?

Hi!

My step-son is 18, has graduated college, and the divorce decree states that when he reaches age 18 or earlier emancipated, my husband's obligation is over as far as child support. Step-son is on his way to college, and now ex-wife wants us to continue paying child support, despite the fact the step-son works and pays for all of his things, coming to US when he is short of $$. We live in RI, and we have never, EVER missed a payment over 16 years (they divorced when step-son was 2). How can she get away with this?

I feel as though we have lived up to our responsibility, he got all kinds of scholarships and grants for college, and if he needed anything, all he has to do is call, and she knows that. Right now, we are supporting her OTHER 2 kids. The thought of going back to court is repugnant to us. Any help out there? Thanks!


Asked on 6/20/00, 8:15 am

1 Answer from Attorneys
Jules D'Alessandro D'Alessandro & Wright

Re: step-son is 18, graduated high school, do we still have to pay?

I am assuming that the divorce was in Rhode Island and that your step-son also is currently living in RI. Pursuant to RI law a parent is only obligated to pay child support up to age 18 unless the child is still in highschool in which case the support is payable up to age 19. Ex-wife can ask for anything she wants, however she will not get anything and certainly will not get any further child support.

Please be advised that a child support order does not terminate by itself. In order to stop the child support order a motion to terminate child support MUST BE FILED.

If you need assistance filing this motion and you do not currently have an attorney, you may contact Attorney Amy Kasegian D'Alessandro at this firm (401) 353-0440.

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Answered on 8/31/00, 8:59 am


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