Failing Stepson & Child Support

[BoysMom]

Dear Socrateaser,

My 17-year-old stepson moved about a year and a half ago to Germany with his mother and stepfather, who is in the Army.  My husband gave his consent because my stepson wanted to go and was 15 years of age at the time.  Since my stepson has been there, he has failed multiple grades of high school (not to mention shoplifted once).  Currently he should be a senior, but is still a sophomore taking freshman-level classes.  His mother's last e-mail about it to my husband said that he will be in high school another two to three years because he only has approx. half of the credits he needs to graduate.  There is no indication that he is going to turn it around this year, either.  The support order is through Pennsylvania.  Stepson has ADHD and has refused to take his ADHD medication for about the last two years.  However, he does take an antidepressant since his shoplifting incident.  Biomom said the doctor said antidepressants help older kids with ADHD who are not taking ADHD medication.  He does not have any learning disabilities.  We have e-mails from various times during the last few years from biomom stating his current progress (or lack thereof) in school, and complaining that he is not applying himself and she doesn't know what to do with him.

My questions are as follows:

1.  Although PA child support is paid until the child is age 18 or graduates from high school, whichever occurs later, what is the liklihood that my husband can get support to end at age 18 (April 2007) given the circumstances?  Is there some sort of limit in these circumstances?

2. Husband plans to call Domestic Relations (usually not very helpful). If you think there is a chance to end it at age 18, do you think the burden of proof would be on my husband or the biomom to show stepson's current progress or lack thereof?  My husband is not currently in contact with the school (on a military base).

3. If you think the burden of proof will be on my husband, what sort of documentation do you think he should obtain?  Will the e-mails from biomom be any help?

Thank you, in advance, for your time and for any information.

BoysMom

[socrateaser]

>My questions are as follows:
>
>1.  Although PA child support is paid until the child is age
>18 or graduates from high school, whichever occurs later, what
>is the liklihood that my husband can get support to end at age
>18 (April 2007) given the circumstances?  Is there some sort
>of limit in these circumstances?

You're violating multiple sections of my posting guidelines. Please review them before your next post.

Under PA law, you can move to emancipate the child after he/she is 18 years old. You could conceivably argue that the multiple grate failures is a "constructive" withdrawal from school, because if the child refuses to take the necessary medication, then the child's failure is not because of some incapacity, but is rather the result of the child's unwillingness to learn.

The counterargument is that the child is mentally disturbed and unable to physically support himself, which would permit the court to continue child support INDEFINITELY.

>2. Husband plans to call Domestic Relations (usually not very
>helpful). If you think there is a chance to end it at age 18,
>do you think the burden of proof would be on my husband or the
>biomom to show stepson's current progress or lack thereof?  My
>husband is not currently in contact with the school (on a
>military base).

Burden is on the obligee parent to show that the child has special needs requiring continued support. She will argue that the child can't finish HS, thus must have special needs. You will argue that the child is a loaf and this is a ruse to maintain support. The court will appoint an investigator, only it will be up to the obligee to locate one, because of the distance factor, and you will be at an extreme disadvantage.

You could ask the court to order the child to return to the U.S. for the summer and be evaluated here. That might be a better option, and it would get the court its own appointment, rather than some unknown German therapist. Of course, the child will be 18, so no one can force him to return, which could work to your advantage, because if he doesn't return, that would permit the court to terminate support.

>3. If you think the burden of proof will be on my husband,
>what sort of documentation do you think he should obtain?
>Will the e-mails from biomom be any help?

The emails could be useful because if "she doesn't know what to do with him," and there has been no progress, then perhaps it's in the child's best interest to have custody reversed, now, before the child turns 18 and you cannot exercise custody to try to remedy the problem.

But, if you're going to go this route, then you need to file for a custody mod immediately.