What do I do if my ex-husband stops paying child support?
Full Question:
I divorced my husband 4 years back and the court in its final decree had asked him to pay a sum of $ 150 per week as child support. My son has turned 18 years old but still has a year left before he can graduate from school. What do I do if my ex-husband stops paying child support?
12/12/2016 |
Category: Divorce ยป Child Support |
State: Arizona |
#27945
Answer:
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E. Even if a child is over the age of majority when a petition is filed or at the time of the final decree, the court may order support to continue past the age of majority if all of the following are true:
1. The court has considered the factors prescribed in subsection D of this section.
2. The child has severe mental or physical disabilities as demonstrated by the fact that the child is unable to live independently and be self-supporting.
3. The child's disability began before the child reached the age of majority.
F. If a child reaches the age of majority while the child is attending high school or a certified high school equivalency program, support shall continue to be provided during the period in which the child is actually attending high school or the equivalency program but only until the child reaches nineteen years of age unless the court enters an order pursuant to subsection E of this section. Notwithstanding any other law, a parent paying support for a child over the age of majority pursuant to this section is entitled to obtain all records related to the attendance of the child in the high school or equivalency program.
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In the given circumstance, subsection F of A.R.S. § 25-320 is applicable as the child is yet to finish school. If the ex-husband stops paying child support, the mother may approach the court to extend the time period for receiving the child support until such time that the child completes his graduation from school. However, the statute provides that such extension of child support pay can be extended up until the age of 19.
