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Apr 28

Divorce decree without step-down language terminated child support when “any” child turned 18, even if the younger child was still a minor and still in high school

This 1993 divorce involved two children, yet the decree ordered the father to pay child support, “…until the date of the earliest occurrence of one of the following events: a.  any child reaches the age of eighteen years,… b. any child marries…”  There was no step down provision that said “thereafter he pays $xxxx.xx until…”    Judge Farr and then the First Court of Appeals ruled that the decree means what it says and the father’s child support obligation ended in 2003 when the oldest child turned 18 even though the younger child did not turn 18 until 2008.  Thus, the trial court properly denied the mother’s request to confirm a child support arrearage for payments due after 2003.  Smith v. Goodrum, 1st Court of Appeals, 01-11-00784-CV, 4/18/2013.  Moral: always include the full step-down provision in child support orders.

Category:Child Support |

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