Most people know that a parent who owes child support owes that obligation until the child turns 18 (or 19 if the child turned 18 while still in high school,) unless a court order terminates that obligation at some earlier point. Many families in which one parent owes an obligation of support may experience substantial life changes during those years and, sometimes, those changes may occur when the child is 17. In those situations, you may wonder, what can I do if I can’t get a court date before the child’s 18th birthday? Fortunately, the mere fact that your child turned 18 before your court hearing does not automatically deny you the right to get a modification that relates to the support you paid before the child turned 18. To make sure that you are approaching your case properly to get what you deserve, be sure you have obtained legal representation from a knowledgeable Maryland family law attorney.
A recent case that originated in Montgomery County offers an example of what a supporting parent can do. The parents, Y.B. and M.K., were married for two months when the wife filed for divorce. On Aug. 24, 2001, M.K. gave birth to the couple’s only child, a son. By the fall of 2018, the father had sole legal and physical custody of the son, and the mother paid child support.
In November 2018, the son began living outside the father’s home, staying with various friends. The mother, in turn, went to court in early 2019 to seek a modification of child custody and her child support obligation. However, the case did not come for a hearing right away and, in fact, when the son turned 18 in August 2019, the case was still pending.