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My Kids are Over Eighteen. Does That Matter in the Divorce?

January 30, 2012
It can. If your children are over eighteen but have not yet completed high school, the non-custodial parent will be responsible for child support until each child completes high school. You should know that under the current law, each child has until age 20 to complete high school before child support ceases. Upon completion of high school of the child more than 18 years of age, the non-custodial parent's obligation for child support ceases. If the child has completed high school, but has not yet reached the age of 18, child support will continue for that child until the child's 18th birthday.

What about college? There is no statutory requirement for the payment of college. However, parents can, via contract, prepare for the payment of the college education of their children. In creating such contracts, parents have a great deal of flexibility in creating a contract tailored to the specific needs of their particular family. Such contracts are enforceable by both parents. If parents have historically agreed to send their children to college during the course of the marriage, such contracts can ensure that plans for the children do not go awry just because the parents are no longer married.

Karen has an MBA from Boston College and received her law degree from Emory. She has an office in Alpharetta and has practiced family law since 1994. She is a Guardian Ad Litem and active Foster Care Advocate with area courts and is also on the Family Law Executive Committee for the State Bar of Georgia. She frequently speaks state wide on family law issues and can be contacted at 770-952-5000.
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