Legal Question in Family Law in Arizona
Basically, I have a child support question regarding obligation.
I live in Arizona, have full custody of said child and father has been court ordered to pay child support.
Father has kept obligation for the most part but is in arrears for about $ 2,500.00.
My question is this:
Said child will turn 18 years old this month. Said child is still in high school (11th grade ). Is the father obligated to continue to pay court ordered child support even though the child is 18 BUT still in high school?
Thank You for your advice.
2 Answers from Attorneys
A child is emancipated for child support purposes when that child reaches age 18 or graduates high school, whichever comes LATER (but not beyond age 19). In other words, if a child turns 18 but is still enrolled in high school (or an equivalency program), the child support obligation continues until the child graduates. If a child turns 18 and is not attending high school (or an equivalency program), then the obligation stops as of the 18th birthday.
In this situation, Child Support is due through the month of graduation, but not past 19.
BUT, because he has an arrearage, IF he tries to stop at the month of graduation, you could take steps to keep the child support coming until he is current (plus whatever interest accrued).
We can certainly help you consider and then pursue your options
One of our attorneys can explain the issues and procedures better in person. As you can imagine, there is too much to cover via email. We offer free 1/2 hour consultations, in which we can discuss your matter in detail.
Please call us directly to discuss the specifics of your matter, or contact my assistant Gina or my paralegal Jennifer to schedule your free 1/2 hour consultation.
/s/ Rich J. Peters
R.J. Peters & Assoc., P.C.
1422 North 2nd Street, Suite 100
Phoenix, Arizona 85004
602-254-7251
facsimile 602-254-1229
see our website at www.familylawaz.com
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