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Definition -child of the marriage?

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  • Definition -child of the marriage?

    Is a 17 year old who has graduated high school and works full time earning more money than either parent still legally considered a child of the marriage?

    He's a minor so he fits that criteria but has he withdrawn from the charge of his parents if he is fully able to support himself and his schooling is complete?

    Is there any case law in regards to this type of situation?

  • #2
    My son was living with us when we got divorced and he was age 29 at the time. The divorce order stated that there were no children of the marriage. At the time it was explained to me that my son was not a dependent and filed his own income taxes.

    What happens if your son decides to return to school? Parents pay for adult children to return to school all the time.

    Are you inquiring to draw up a separation agreement or are you trying to get out of CS or both? Perhaps more information would be helpful.

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    • #3
      If he returns to school then that would likely be a material change...no? The boy is now 18 and lives on his own. There's a motion for retroactive child support filed after he graduated from high school and was and still is employed full time but filed before he moved out. I'm trying to determine if he qualifies as a child of the marriage and is entitled to retroactive child support. If so, how does his income play into things. As stated his income is higher than either parent.

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      • #4
        Originally posted by momliz View Post
        If he returns to school then that would likely be a material change...no? The boy is now 18 and lives on his own. There's a motion for retroactive child support filed after he graduated from high school and was and still is employed full time but filed before he moved out. I'm trying to determine if he qualifies as a child of the marriage and is entitled to retroactive child support. If so, how does his income play into things. As stated his income is higher than either parent.
        if he is working full time and living in his own place he is no longer a child of the marriage at 18.

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