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My son will turn 18 on Feb 27th of this year. I was told that SC passed a law stating if the child turn 19 after June of 2008 while attending high school child support will continue. While visiting the clerk of court office today they informed me that my child support will end on my son's birthday. I was told if my child support was through the Department of Social Service office it would continue but since I hired my own private attorney it would stop. I thought this was a bunch of bull. My son father and I never married I just saved money until I was able to afford an attorney. My bank account is low at the moment due to my brother tragic death. If anyone can help please tell me what to do. Time is running out. I can’t turn my case over to D.S.S because it takes 90 days. My son birthday will be here soon

Here is what I found online!!! I'm confused because child support officer said it only applies to D.S.S cases since my can is not then it doesn't apply. I read and reread the law it doesn't states that.
Child support obligation up to and beyond age eighteen

SECTION 7. Section 20-7-420(17) of the 1976 Code, as last amended by Act 287 of 1996, is further amended to read:

"(17) To make all orders for support run until further order of the court, except that orders for child support run until the child is eighteen years of age or until the child is married or becomes self-supporting, as determined by the court, whichever occurs first; or without further order, past the age of eighteen years if the child is enrolled and still attending high school, not to exceed high school graduation or the end of the school year after the child reaches nineteen years of age, whichever is later; or in accordance with a preexisting agreement or order to provide for child support past the age of eighteen years; or in the discretion of the court, to provide for child support past age eighteen where there are physical or mental disabilities of the child or other exceptional circumstances that warrant the continuation of child support beyond age eighteen for as long as the physical or mental disabilities or exceptional circumstances continue."

Time effective

SECTION 8. This act takes effect upon approval by the Governor. The State Disbursement Unit is to be implemented in accordance with Section 20-7-1300 and Section 20-7-1310 as contained in SECTION 3 of this act.

Ratified the 5th day of June, 2008.

Approved the 11th day of June, 2008.

"While visiting the clerk of court office today they informed me that my child support will end on my son's birthday. I was told if my child support was through the Department of Social Service office it would continue but since I hired my own private attorney it would stop."

I believe the clerk gave you conflicting information. If your child is still in high school past the age of 18, the support should continue until graduation.

I don't what the clerk was thinking. Generally all benefits for a child on social services itself would end by the age of 18, perhaps 19. The recipient of social services for a child would receive notification that such benefits will end. Either way, I can't see how having an attorney will stop it sooner.

How can I petition the court to continue support since my son is still in school any advice....


Faith

ps love maya angelou

Either through your attorney, or by contacting the family court clerk obtain and file the proper forms immediately. Ask for them to expedite the hearing date (your son's birthdate is very close).

Then petition the court, showing them section 7 as above, and asking for your ex to continue the payments privately as the DSS has stopped their collection service for you. Argue that while the DSS can set their own rules upon when to cease collecting, the child support laws remain in effect and ex remains responsible to pay the support privately until son graduates. And don't forget to ask for the continued support to be retroactive to the date you file.

Good luck :)

Thank you so much for your advice. I will be off Wednesday and heading to my clerk of court office. I will also make several phone calls Monday and Tuesday. Can you file forms and petition the court without an Attorney in South Carolina.

Faith