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Asked 3/17/2009

Graduating at age of 17 in Louisiana

My son lives with his father and I am paying him child support via garnishment. I was garnished not because I was late but because he wanted me to be. My child is extremely smart and was able to skip a 3rd grade. My son turned 17 this month and will be graduating in May. He is trying to get into the Naval Academy. If this happens am I required to keep paying my ex even though my child is technically in the military? If so, can I pay the child support directly to him and can I request his dad pays his share of child support to my child also. He will not be living with my ex any longer. If my child does not go into the military but goes away to school, can I pay my child directly if not at all?

 
 
 
 
 
Answers

Answer 1/3 - Submitted 3/18/2009

If your child enlists in the military and is no longer living with your ex then there would not be any reason to pay child support because he would no longer be supporting his child either. But you would have to get your child support order modified I'm sure otherwise the garnishment would just continue on and on. Once an order is in place you are lost in the crowd until something is filed to change it. And unless your son needed some support other than what the military would provide.....why would you need to send money directly to him? Child support is child support and when the child is no longer being supported by either parent it should stop. I would suggest being ready for the change though and have a motion to modify child support ready to be filed as soon as he goes in. Your ex shouldn't still be receiving money for a child that doesn't live with him. If you even let it go one month past you will just be giving him your money. I would start talking with an attorney now and be prepared.

 
 

Answer 2/3 - Submitted 3/31/2009

If your child goes into the military you are no longer required to pay child support.

If not then once your child turns 18 you will no longer be required to pay child support.

 
 

Answer 3/3 - Submitted 3/31/2009

What about if he goes away to college and not in the military? He won't be domiciled anywhere. Should I still have to pay till he is 18 when he lives at a dorm?

 
 
 
 
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