CENTRAL ARIZONA COLLEGE DIRECTOR OF HEALTH INFORMATION MANAGEMENT Finance and Accounting Charles E. Gillman Company Accounting Specialist Trades/Construction RANCHO RESORT MAINTANANCE POSITION Health Care Dependable Health Services Physical Therapists Administrative & Professional Tucson Urban League CEO/President Construction West-Press Printing Mechanical Komatsu Equipment Co Resident Field Mechanic Tucson RegionCourt: Child support stays even past 18Kids on '5-year plan' for high school still entitled to parent's financial help
Capitol Media Services
Tucson, Arizona | Published: 01.30.2008
PHOENIX — Parents who pay support have to keep paying until their kids finish high school, even if they've turned 18, and even if it takes them longer than four years to get a diploma, the state Court of Appeals ruled Tuesday.
In a unanimous decision, the judges rejected arguments by a father who said his financial responsibility ended when his youngest child should have graduated.
The father, who was not identified, acknowledged the requirement in state law for support through high school. But he argued the law was not intended to provide an extra year of support for a child on the "five-year plan" who did not graduate on time due to "failing grades and lousy attendance."
But the judges said as long as the student appears to be making progress, the obligation continues into a fifth year of high school and beyond the 18th birthday.
The man, who genetic testing proved is the biological father of all four of the mother's children, was also ordered to pay back support as well as make future payments.
The Department of Economic Security, intervening for the mother, sued the man for past-due support in 2005. The father disputed the amount and said he was entitled to credit for payments he made after the youngest should have graduated from high school.
State law generally ends required child support at 18. But it also says if the youngster is still attending school at that age, the obligation can continue until the youngster turns 19.
The father contends that requirement simply means the money continues if the child is a senior on his or her 18th birthday but is set to graduate that year. He said it doesn't mean taking an entire extra year to get a diploma.
Appellate Judge Philip Hall, writing for the court, said the father does have a point. He said the law does "impose some responsibility on the child to be present in class."
But Hall pointed out the law does not impose any specific attendance requirement.
Instead, Hall said, the trial judge has to consider specific factors, including whether the youngster is regularly present in class, the reasons for the absences and whether the child is taking "affirmative steps in pursuit of an education."
Beyond that, the judge said state policy requires parents to support their offspring "even if those children make unwise decisions."
In this case, Hall said, the mother acknowledged the child was "struggling" but said he was "giving his best effort" while moving back and forth between his parents' homes. She also said many of the days the teenager was listed as absent were simply days he showed up late to school.
The youth did, in fact, eventually get his high school diploma.
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