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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 >> emancipation
Oct 06, 2004

Question:

Even though I owe back child support, which I intend on paying, my child has turned 18. The support office is still taking out the same amount as before, This included 50 dollars on current child support and 25 dollars on past due. I've been paying this for a few years now, but since my child has turned 18 shouldn't all of it show toward the past due amount. My ex has hidden from me for some years now, so I have no way of finding out where they are, or if they are going to go to college, or even if they are in college. I work out of state so it's hard for me to find out anything from our local child support offices. Are they responsible for finding out if my child has continued school and if so are they responsible for letting me know? I have seen no changes in my support payments.

Answer:

I cannot answer your question specifically to the laws of Tennessee as I am not licensed to practice law in that State. Some jurisdictions require the parents to be proactive and inform the agency as to the child's status. I would assume that is true in your state since your support has continued. I suggest you contact the agency and ask them to send you the paperwork to file a request to terminate current support. They should be able to inform you of the procedure beyond that point.

May 07, 2004

Question:

My daughter will be 17 next month, she has moved out of her monthers house and in with a "friend". Mom wants to use child support money to pay rent for my daughter and her "friend" . She said the state would allow it. I am basically out of the picture unless there is trouble between the two of them. My daughter has been in a lot of trouble, state agencies have tried to help but she got kicked out. I was told she tried to commit suicide, she took her moms car at age 14. I was just told she no longer goes to public school but to an alternative school. (What's that?) Mom spends child support on everything but the child. My question is: When can I file for emancipation? I was told I had to wait 4 months after her 18th birthday. If she moves out, what happens to the money?

Answer:

Allow me to preface my answer to your question with the disclaimer that I am not licensed to practice law in the state of Iowa. Generally she would be emancipated since she is out of the control of both parents. Each state has different laws with respect to when a child is emancipated. You will need to look at the state law regarding emancipation. You may be able to talk to your child support enforcement agency to see if they can help you seek emancipation.

Nov 29, 1999

Question:

I got divorced in Missouri but live in Ohio now. When I got divorced, my oldest daughter was emancipated. Now that my middle child has turned 18yrs old I called child support to stop payment on her, thinking my support should go down being that I now should only be paying for one child. Child support told me I have to continue paying for my daughter who has turned 18!! They said I have to pay for college for her, even though it never stated this in my divorce decree. It's just a Missouri law! What should I do being I do live in another state, and the lawyers here can't help ?

Answer:

If the educational expense of college is not specified in your divorce decree you should not have to pay for the college expense. However, if your ex-wife would ask the court to allocate the college expenses the court would comply. If you are able to afford the expense you could be required to pay a percent (usually 50% or your percent of the combined income) of your daughter's college education. The maximum is usually based upon the tuition, room, board and books at the University of Missouri-Columbia. However,regardless if you must pay the actual college expenses if your daughter does attend a post-secondary education and maintains the required hours you would still be obligated to pay the actual child support. If you are paying a portion of the college expenses and your daughter attends college away from her mother's residence the court will often reduce your direct child support payment. Finally, even if you are not paying the college expenses, your daughter is under an obligation to send you copies of her transcripts and grades at the beginning and end of each semester. If she fails to perform that obligation you can move to suspend the child support.

Nov 29, 1999

Question:

My daughters are both 18 years old and do not benefit from their support since it goes to their mother who is neglectful to use it for them. In the state of Ohio, where they reside, the age of emancipation age is 18. Here, in Indiana, where our case is, the age is 21. Their mother is willing to discontinue the support check going to her, but if I have it redirected to the colleges that my daughters attend, there is the possiblity that the court will require both me and their mother to contribute to their college education and it will be put into an order. Mom has little income and a huge debt and therefore cannot contribute to college. I am have been paying their auto insurance and for their vehicles as well as my own and my wife's daughter's. I don't have money beyond the support that I already contribute. My question is this: Can my daughters sign a document that requests emancipation so that the support can be discontinued by the court as of the 18th birthday of my youngest daughter? This way, their mother doesn't use the money for her own purposes and I can send it to my daughter's respective colleges myself.

Answer:

I cannot answer your question specifically to the laws of Ohio or Indiana as I am not licensed to practice law in that State. If Ohio emancipates children at 18, then they should be emancipated at 18 regardless of mom's request to continue support to college. However certain states, like Missouri will order college costs be paid and college until the age of 22. You need to speak to an attorney and verify the situation. If it truly is 18, then you can file an Affidavit to Terminate the Support upon the 18th birthday. Good luck.

Nov 29, 1999

Question:

My child turns 18 in August, 2005 and will graduate from HIgh School in May, 2005. Our divorce papers do not state a time when child support payments will cease to go to her mother. What is the legal time frame for me to seek to have these payments stopped from coming directly out of my salary? I want to continue to provide for my child--but I want to be able to control it myself. Thanking you in advance.

Answer:

I am unable to answer your question directly to the laws of Alabama as I am not licensed in that State. The laws of emancipation can vary greatly. Some jurisdictions do not have provisions for the payment of child support past the age of 18. However, many States have laws that extend the age of emancipation to include periods of time when the child is attending post secondary education; the child is still in high school or disabled. Contact a local attorney and discuss the age of emancipation and procedure for terminating the support upon emancipation.

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