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



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.

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