Asked 9/20/2010
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Can child support continue for a child in Iowa who is currently 18 but still in high school but will be 19 in April 2011? Can child support continue for a child in Iowa who is currently 18 but still in high school but will be 19 in April 2011 and doesn't graduate until May 2011? I was under the impression that child support would continue until my son graduated from high school and my original divorce decree states "child support will continue until the children attain the age of 18 years or graduates from high school (whichever shall last occur), marries, dies, or otherwise becomes self-supporting". But, Iowa changed the child support law in 2009 and now the judge wants both parties to present case law so she can decides whether the wording in the divorce decree should be followed or the new law should be followed.
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Answer 1/3 - Submitted 9/20/2010
The law in Iowa states that child support continues until the child turns 18 yrs. of age, or graduates from high school. Which ever comes later, and no a judge can not change the decree unless he's the one who originally entered the order, and in doing so he can only amend it, which does change the reading and its standing, but will still show the later. I couldn't find a 2009 law change? I hope this helps? Good luck.
Answer 2/3 - Submitted 9/20/2010
The 2009 law went into effect July 1, 2010. If the decree was set up prior to that date, the previous law will take precident. If after, the decree must conform to the new law. A judge can amend a degree if the decree was granted with the old langauge after July 2010. Some people want the old language tossed when the legislature voted to change it during 2009, which is why the judge is asking for case law. Iowa stops child support at eighteen unless so ordered or if the divorce decree stipulates until high school graduation. Ethically a parent would want to make sure his or her child gets at least a high school diploma unless the kid just doesn't give a damn.
Answer 3/3 - Submitted 9/21/2010
The reason my son won’t graduate until he’s 19 is because he was retained in the third grade. It shouldn’t make any difference now in regards to child support as long as he is still in high school and plans on graduating. It seems to me that is what is most important. Yet the law says that if you don't graduate when you're 18, then it's okay for your non-custodial parent to no longer help you! And in my case, the non-custodial parent has had nothing to do with his children for the past 8 years and really just wants out of his obligation to be a parent completely! How is that right? I thought the courts and judges decisions were about what is fair…how is denying your child fair?
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