I Was Divorced in 2006. My Ex Receives Child Support. My Daughter is Now 19 and in College. How Do I Stop Child Support Payments?

Question:

There was no date provided on the divorce for the end of child support. I am in Palm Beach and my ex and our daughter live in Miami. According to the clerks office on the phone, I will need to request a hearing to stop the child support payment through a judge. My daughter still lives with her mother, has a part time job. Although she is in college, I do not believe it is full time as she only takes 1-3 classes per semester.

Answer:

To terminate child support, you must file a Complaint for Modification alleging a substantial and material change of circumstances that justifies the termination of child support. Since your daughter is 19 and in college, she is probably still dependent upon your wife for her support and not emancipated.  The Court may order post-minority support for a child between the ages of 18 and 21 if they are dependent upon a parent for their support.  The Court may order child support up to the age of 23 if the child is in college full-time and principally dependent upon a parent for their support. Therefore, even though she is not a minor, the Court still has the authority to order child support (and the allocation of college expenses potentially) even though she is over the age of 18.

This legal question was provided by Avvo and answered by Cynthia Hanley an experienced Mansfield, Massachusetts Divorce Lawyer.  This does not consent an attorney client relationship.