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End of CS in Texas if child hasn't graduated high school

herewegoagain's picture
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I am wondering if anyone has had success with stopping CS at age 18 in Texas if the skid hasn't finished high school. My husband's loser kid is 17 and in 9th grade...yes, you heard that correct. She also has a baby. He has not had any contact that I know of since last year when she told him to F#$%#$% off a few times on the phone and text messages. For the last 3-4 years she goes to school when she wants to. Literally she has continuously failed for not attending school, ie. missing 90+ days of school in one year!!! Anyway, she will be 18 next September and if she passes this year, she will only be in 10th grade...hmmm...She has already missed 5 days of school this year and it just started.

Texas law states CS ends at age 18 or graduation from HS whichever is later...but I think this is ridiculous to keep paying an idiot that never attends school. The law also says that after 18 the CP can petition for CS after 18 before OR AFTER the 18th birthday...which worries me that she will end up asking for it at age 20 if the moron decides to actually go to school.

Has anyone had CS stopped before graduation from HS because the skid continuously did not attend school?

briarmommy's picture

I think you just have to petion the court to have her emancipated if when she turns 18 she is still no closer to graduation. The fact that she is so far behind and has a child will probably be in your favor. She has shown that she is making adult albeit stupid decisions by having the child and the court may say she made these adult decisions now she is one, I would just make some calls and invest in just talking to a lawyer. I know in ohio it is 18 or until the expected graduation date so look into seeing if that is the case in Texas as well.

stepintexas's picture

I believe you can petetion the Attny Gen. Office to get CS stopped in that case, we are also expecting this by next August. DH has a son who probably will quit before he turns 18, he is 17 this year and a sophmore. Last year, he was absent alot, and we do not see him graduating. The state statutes are easy to read, and are very clear that if a child is not considered enrolled or is not attending to the state standards of attendance, after the age of 18, the child can be dropped off child support. You can make this petetion yourself and if you call the OAG, they might give you the info that helps you do it yourself.

Auteur's picture

I feel your pain. In NYS it is mandatory to 21 no matter what. And it can go beyond 21 if the BM deems her child "special needs" which in THIS state is basically any child who can fog up a mirror.

Then there's college LOL!!
The community colleges love that "skid from a divorce who keeps repeatedly failing on daddykins CS dime" cash cow.

Take a semester, fail, rinse and repeat often; then change majors and repeat.

herewegoagain's picture

My DH CLAIMS he spoke with a lawyer and he told him "he might"...sigh...but then again, I don't much believe DH about this stuff either since he always just tries to calm me down. At the same time, if we are able to drop her, because the statute says "CP can petition before or after 18 to continue CS", has anyone ever heard of CS being dropped and then a year later the courts granting it again? I think that is my biggest worry at this point. I know that if she doesn't attend now, since she has a bad track record, as soon as she is 18, we will be able to show that even though she is enrolled in school, she does not really attend...but I just worry that once she figures out that she'll miss out on the money, 6 mos later she'll decide to go back and we'll be stuck with supporting her again...Sigh...

Thanks so much for the info and support.

OH my-I would die if it was until 21, but then again, if she doesn't miss a day and passes every year from now on, we'll be at almost 21 when she graduates...sigh

Auteur's picture

GG has something crazy in his so called mediation agreement. . .

that he is to pay CS plus 50% of all college expenses until the child is 21 or graduates from college. . .whichever comes LAST!!!

he's screwed for life. Right now his kids range from just starting 3rd grade to just starting 10th grade. And they are straight "high" F students. Oh and the Behemoth has no problem with this.

Auteur's picture

damn straight! These men went WILLINGLY into the slaughterhouse and disregarded EVERYTHING we had to say.

Then they take out their anger and frustration on us SMs!!!

:sick:

Doubletakex3's picture

My ex's child support ended when the kids were 18. We had no issue with BM. However, he ended up paying more each month to provide the skids with a stipend while they were in college. At first, he was dishing $ out left and right to the skids. I insisted on a flat amount each month so all parties could budget. I also insisted that the stipend have conditions associated to it: they had to be in school or career training, it ended after 4 years (at 22), they have passing grades and that they not be on drugs. Thankfully, the kids respected the conditions. The younger skid voluntarily declined the stipend when he we got a full time job. I recall being excited about CS ending but little did I know it really wouldn't end.

herewegoagain's picture

Ours WILL END when it ENDS...not a penny after. DH has said so...and he has now been good about not giving any extra no matter what...He has seen that we sometimes have no money to eat and he claims he won't do it again...I doubt he will because I WILL CONTROL ALL THE MONEY...