|
May 05
2008
|
Ask a Lawyer: Emancipation and possible overpaymentPosted by: Dads Divorce on May 5, 2008   |
|
Question:
I have two daughters. Their mother and I were divorced in 1999. In our divorce decree I was order to pay child support pursuant to the South Carolina Child Support Guidelines. My current wife just went through a emancipation hearing with DSS who said that her EX was not responsible for child support after her son graduated high school in May. When my eldest graduated in June of 2002 my EX produced some sort of paperwork that stated that I was liable to pay child support until they were out of college as long as they lived at home. Anyway I'm currently behind with child support on both of my girls my EX is again threating legal action. It is my intent to file a petition of emancipation for my eldest. 1. If in fact in SC 18 and out of High School is the law when I could have filed, can I file for her emancipation effective of June of 2002? 2. If this is allowable and withheld, could I request that the overpayment (since I've been paying for both since then) be applied to my youngest girls support payments? And if so have you ever seen this done successfully?
Answer:
I cannot answer your questions specifically to the laws of SC as I am not licensed in that State. The laws for emancipation are specific to each State. It is possible to contract in a settlement agreement to pay child support for a longer period of time than is mandated by the law. I suggest that you review your divorce decree and parenting plan to determine if there is any specific language concerning the age or circumstances that support terminates. It is also possible in most jurisdictions to end child support earlier. It is possible that your current spouse had language specific to her child in her divorce decree. Finally, I suggest that you speak with a local attorney. He or she should be able to provide you with an answer to your question in a very short period of time. If it is determined that you have overpaid child support many jurisdictions will force the mother to repay the child support.
TrackBack URI for this entry
Subscribe to this comment's feed
