LEONARD M.WEINER, ESQ, Ph.D.

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LEONARD M.WEINER, ESQ, Ph.D.

(212) 370-1660

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(212) 370-1660

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Question #15

My brother is supporting his daughter as a result of a divorce. How long do child support obligations continue?

To correctly answer your question, I must review the Separation Agreement entered into by your brother in which it most likely expressly states how long and how much he must contribute to the support of his daughter. It most likely provides for an extended period beyond the age of 18 in the event she continues her education. In the State of New York, for instance, child support continues up until the age of 18, unless additional factors are requiring extended support such as education. Many states’ divorce statutes provide for the emancipation of a child who marries, which would terminate all support requirements. If Kentucky has jurisdiction over the divorce, you must inquire as to the specific statutory provision regarding this issue.

There should be no question that if the extension of child support is conditioned upon the child continuing her education, that your brother should have access to all information and documentation, including a letter from the registrar of the educational institution in which she is enrolled, supporting her contention that she is pursuing her education and is eligible for extended child support.

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