Child Support

[patriotsgm]

I was divorced in Texas and have been paying child support since 1995. My son who lives in Germany will turn 18 next March and I have a question of when I can stop paying child support. In the states it is easy to determine when you can stop child support, but because my son is in a German school system, when may I stop paying child support. My son is currently doing his apprenticeship and will probably not be done for another three years. I would appreciate any assistance.

 

[carney]

The Handbook on Child Support Enforcement only talks about paying after a child turns 18 if you owe arrearage. It doesn't say anything about having to pay after 18 if that child is still in school. You really need to consult with a lawyer about it because you may need to have court papers that state that you don't owe after the child turns 18. I would look into it before the child turns 18 in case the mother is able to get something through the German courts that state something different.

 

[NYClex]

Under German law you are required to pay child support until the child has completed his or her first full education, or until she is 27, whichever comes first. That means if the child wants to pursue advanced education the parent has to pay until she graduates from graduate school or turns 27, whatever comes first. If she does not pursue college and grad school, then the parent only needs to pay until the education is completed, which is either at the completion of "apprenticeship", which usually is 3-4 years after graduating from high school, or after high school in case no further education is pursued, but not before the child is 18.

But if the child choses to pursue further education even after completing one, the parent only has to pay if this education is a natural improvement of the first, for example:
Child graduates from high school and starts a paralegal apprenticeship. Then she decides to go to law school. The parent would have to pay through law school.

Example 2: Child does paralegal as above. Then child decides to study ancient history. Since this program has no logical connection to the first, parent only needs to pay until completion of the paralegal program.

 

[patriotsgm]

I was divorced in Texas so German law should not apply or am I incorrect is this assumption?

 

[Duranie]

If the decree is out of Texas, i would think that whatever the decree says would apply. 27 is awfully old to pay CS if that is indeed what german law says.

 

[NYClex]

Well, the decree that you have governs now. But the child might be able to obtain a German decree, once payments governed by the original decree stop.

Actually under international agreements and certain federal statutes there is a so called "home forum" rule: In most cases the courts in the state or country where the child lives have jurisdiction and will apply the law that is valid there. The decrees from that place then can be enforced in the state or country where the obligor lives.

This is the theory, in practice it always is difficult to enforce foreign judgments or decrees, but it is definitely possible. And since in Germany the government very actively supports enforcement, German plaintiffs usually have the resources to vigorously attempt enforcement in the US.

So if in doubt about this, one should consult a family law attorney who specializes in German-American law issues.