Will my sister’s son will be entitled to get support from his father once he attains the age of majority?
Full Question:
I have a sister who is living separately from her husband for quite some time now. My sister and her husband have one son. My sister has legally obtained a divorce from her husband and the custody case is pending before the court. Next month is my sister’s son’s 18th birthday. I want to know if my sister’s son will be entitled to get support from his father once he attains the age of majority. We are permanent residents of the state of Ohio.
12/21/2016 |
Category: Divorce » Child Support |
State: Ohio |
#28527
Answer:
“(1) The duty of support to a child imposed pursuant to a court child support order shall continue beyond the child's eighteenth birthday only under the following circumstances:
(a) The child is mentally or physically disabled and is incapable of supporting or maintaining himself or herself.
(b) The child's parents have agreed to continue support beyond the child's eighteenth birthday pursuant to a separation agreement that was incorporated into a decree of divorce or dissolution.
(c) The child continuously attends a recognized and accredited high school on a full-time basis on and after the child's eighteenth birthday.
(2) The duty of support to a child imposed pursuant to an administrative child support order shall continue beyond the child's eighteenth birthday only if the child continuously attends a recognized and accredited high school on a full-time basis on and after the child's eighteenth birthday.
(B) A court child support order shall not remain in effect after the child reaches nineteen years of age unless the order provides that the duty of support continues under circumstances described in division (A)(1)(a) or (b) of this section for any period after the child reaches age nineteen. An administrative child support order shall not remain in effect after the child reaches age nineteen.
(C) If a court incorporates a separation agreement described in division (A)(1)(b) of this section into a decree of divorce or dissolution, the court may not require the duty of support to continue beyond the date the child's parents have agreed support should terminate.
(D) A parent ordered to pay support under a child support order shall continue to pay support under the order, including during seasonal vacation periods, until the order terminates.”
The court may order your sister’s husband to provide support to the son beyond his 18th birthday, if any of the circumstances given in ORC Ann. § 3119.86 exist.
