Question:
My child turned 18 and graduated from high school (boarding school) in October 2006. Child registered for classes at community college in Missouri in January 2007. Child moved out of custodial mother's house into an apartment at the same time. Child only signed up for 9 credit hours because she was working at least 15 hours per week and still entitled to support according to Missouri statue. Child support was paid on time and in full monthly. There are no child support arrears. Custodial parent just sent a certified letter (her attorney was cc'd) stating that child did not complete classes and does not want to continue with collage "at this time". She also returned the child support check from May 2007. Two questions: 1. The child has not been emancipated by a court, nor has child support been officially terminated. Do we still send the support checks every month even if mother returns them? 2. If child is over 18 and not a full time student, are we entitled to back child support for the entire semester?
Answer:
I am not licensed in Missouri. Every state will have different laws concerning support and emancipation of child. I will tell you that if there is a court order for you to pay support then you need to continue to pay. Your ex does not have the power to terminate child support only a Court Order can do that. Based on what you have told it seems likely that the court would terminate support and emancipate your child. I recommend contacting an attorney who can tell you the correct procedure for doing so.
