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.
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.