Family Law 101: Modification of Child Support Following a Child’s Graduation
In light of recent graduations, many child support obligors assume that their child support payments will automatically reduce upon their child’s graduation. However, if there are other children in the family still eligible for child support, the amount of child support will remain in effect unless the child support order provides for an automatic reduction due to emancipation, or the obligor brings a motion for modification. Obligors anticipating a graduation would be wise to timely serve and file a motion for modification of child support, so that the modification can take effect on the last day of the month that the child graduates. Most modification proceedings are heard in the expedited process. Timely service requires service of a notice of motion and motion along with supporting affidavit at least 20 days before a hearing. Additional rules apply for service of pleadings by mail.