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Divorce Advice for Men | Fathers Rights Divorce | Child Custody

Providing men with essential divorce advice, fathers rights divorce information and child custody articles. Dads Divorce is a community for men facing divorce or fathers rights issues and run by Cordell and Cordell. Cordell & Cordell is a family law firm with a focus on men's divorce, child custody and fathers rights divorce.
Tags >> Child Support

Ask a Lawyer: Emanicpation of 18-year-old

Nov 29, 1999

Question:

My 18 year old son dropped out of school 5 days after his 18th birthday. His counselor said that he was barely attending school before that anyway. His mother did not let me know that he dropped out as he was not living at her home much anyway at the time, but she was still receiving support as if he were. Support enforcement received the documentation from the counselor and said that he was emancipated and changed the support order to accomodate only one child who is now 13. My son's mother (disgruntled) made him enroll in GED classes in order to re-establish support. My current attorney says that based on the law he would have had to enroll in GED or other education before he dropped out, not 2-3 months after he dropped out, and the circumstances would have to be extenuating. Can they re-establish the order to pay, just because his mother wants to keep the money coming in?

Answer:

Emancipation is final, unless there is some extenuating circumstances. I do not think the GED program will have any impact on that. I agree with your attorney.

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Ask a Lawyer: Emancipation/ college tuition timing

Nov 29, 1999

Question:

My daughter turns 22 on August 24th, the current maximum age of emancipation in Missouri. The fall semester starts on August 20th. She will probably earn her Bachelor's degree at the end of the semester. Am I liable for college costs for the entire semester? If not, how do I calculate what I am liable for?

Answer:

Child support should end at 22 or graduation from college, whichever one is first. Child support should end September 1. You can file an Affidavit of Emancipation at that time.

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Ask a Lawyer: Emancipation/ college tuition timing

Nov 29, 1999

Question:

My daughter turns 22 on August 24th, the current maximum age of emancipation in Missouri. The fall semester starts on August 20th. She will probably earn her Bachelor's degree at the end of the semester. Am I liable for college costs for the entire semester? If not, how do I calculate what I am liable for?

Answer:

Child support should end at 22 or graduation from college, whichever one is first. Child support should end September 1. You can file an Affidavit of Emancipation at that time.

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Ask a Lawyer: Who supports the children?

Nov 29, 1999

Question:

When a man divorces a spouse who makes more money than he does, who has to pay the child support? Does the house have to be sold when there are children involved? When a woman makes more money than the spouse, does the man have any obligations at all for her and his children?

Answer:

Child support is often based upon the custody arrangement. If the wife has more custody time and therefore pays for more of the care of the children she would receive support, even if she makes more money. If the custody arrangement is equal, in your scenario the father should receive child support or there would be no child support paid. I cannot answer your question specifically to the laws of NJ as I am not licensed in that State. However, I do not know of any jurisdiction that requires that property be sold, regardless if there are children of the marriage. The fact that the parties have children often makes it less likely that house will be sold. If the wife makes more money than her husband, he would not be required to pay maintenance (alimony) and in fact maybe entitled to receive maintenance from the wife. He would still have an obligation to help support his children.

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Ask a Lawyer: Who supports the children?

Nov 29, 1999

Question:

When a man divorces a spouse who makes more money than he does, who has to pay the child support? Does the house have to be sold when there are children involved? When a woman makes more money than the spouse, does the man have any obligations at all for her and his children?

Answer:

Child support is often based upon the custody arrangement. If the wife has more custody time and therefore pays for more of the care of the children she would receive support, even if she makes more money. If the custody arrangement is equal, in your scenario the father should receive child support or there would be no child support paid. I cannot answer your question specifically to the laws of NJ as I am not licensed in that State. However, I do not know of any jurisdiction that requires that property be sold, regardless if there are children of the marriage. The fact that the parties have children often makes it less likely that house will be sold. If the wife makes more money than her husband, he would not be required to pay maintenance (alimony) and in fact maybe entitled to receive maintenance from the wife. He would still have an obligation to help support his children.

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