Frustrated in Texas

by Carrie
(Texas)

My husband (non custodial parent) has been paying $600 per month child support for his son since he and the child’s mother divorced ten years ago. His son turned 18 this past December. We recently received a letter from the TX OAG advising that his obligation had been met and that an order to terminate withholding of support had been sent to his employer. We were advised that the child has been home schooled and the OAG did not receive the needed paper work to verify that he is enrolled in an accredited program and working toward a diploma with a projected date of graduation. We were pleasantly surprised and looked forward to being able to put away some money for our own future. Two weeks later we received a copy of a notice to withhold child support once again that has been sent to his employer for the $600 per month. We have been told that the ex has provided the necessary documents requested and that the support must continue until the child graduates, which would be this May if he were enrolled in public school, which he is not.

While we understand this and have no problem paying through May, we also want to ensure that the child is on track to complete the program. Our fear is that the home schooling records will not be able to be verified in May or that the ex will say that the child needs more time to complete the program and we will be obligated indefinitely to pay the support. Does anyone know what the guidelines are when a child is home schooled? My husbands divorce decree states that he must pay until the child is eighteen or until he graduates high school, whichever is later. What if it takes him two or three more years to graduate? Also, I understand that my husband does have the right to access his son's grades and be kept apprised of his performance in school. This would be no problem if he attended public school, but is difficult because of the home school situation. My husband has not been allowed to have contact with his son for years, so does not speak with the ex. Can anyone suggest a way we can obtain this child’s school records for our own piece of mind? We feel like a cruel joke has been played on us. It's been so hard to pay every month, but we have. Just would like to know that there is an end in sight.