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Can an emancipation be reversed?

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mizzoumom1969

Junior Member
What is the name of your state? Missouri

Last year my husband sent his ex wife an affadavit for termination of child support, his 18 yr old daughter had graduated high school and was pregnant, living with her boyfriend. She did not enroll in college the first semester because she was expecting a child, and had the baby in October. The ex wife did not contest the termination since the minor child had left her home to live with her boyfriend, and the judge declared the minor child emancipated. Now, we understand the daughter has enrolled in college and may or may not be living with the boyfriend. She is unmarried, but has been *self supporting* for a year now. My question is now that she decided to go to college and is unwed, and maybe living back with her mom, will my husband have to pay support or help pay for college?

The minor child I am referring to was adopted by my husband when he and his ex wife married. When they divorced, the child wanted nothing to do with him, but he continued paying support. We have not seen the daughter in years, and we only knew about the child she had through other people who knew her. Actually, my husband was paying support to her mother for 6 months and she was living with her boyfriend. I only ask because the daughter an dher mother were only ever interested in collecting money from my husband, nothing else. We do not know for a FACT that she enrolled in college, we have been told that by people who know her. I am curious if my husband has any further obligation now that his daughter may be going to college. Thanks for any advice.
 


mizzoumom1969

Junior Member
I was only concerned because she was pregnant at the time, which actually prevented her from going to college. I know the law states somewhere that if there is a reason the child cannot attend college then the time frame can be extended. At any rate, the ex wife did not obtain legal counsel in the 30 days and the judge declared the child emancipated. Wouldn't it be the same situation if she had married, became emancipated, and then divorced? Some of these family laws are VERY confusing :)
 

Neal1421

Senior Member
NotSoNew said:
wrong neal emanciptation CAN be reversed if the child is deemed to be dependant again :)
But not in this situation. MO child support ends "when child turns 18, or if child is in high school, when child turns 21 or graduates high school, whichever is first."

In this case, the child is no longer in high school. Unless their order specifically says something about supporting throughout college, he is not obligated to pay.
 

mizzoumom1969

Junior Member
My aunt told me that her son was declared emancipated and her support payments terminated the yr he graduated, he did not go to college until the next year and she tried to re open the child support. She said her caseworker told her it could not be reopened and the child was now declared an adult and the ex husband had no further obligation.

On a side note, the Missouri law states that IF the parent paying support does NOT recieve a transcript EACH semester, the parent is no longer obligated until the child shws some PROOF of being in enrolled. I mean really, parents deserve to know if the child is in college. Otherwise the money used for support is going to who and what is it used for?

I guess since there may be diferent answers I get here, we may want to consult an attorney in our area, but I really can't understand the use of emancipation if the child can move back home and become *dependant* again. Thanks for all your help though, I appreciate it.
 

Whyte Noise

Senior Member
Neal1421 said:
But not in this situation. MO child support ends "when child turns 18, or if child is in high school, when child turns 21 or graduates high school, whichever is first."

In this case, the child is no longer in high school. Unless their order specifically says something about supporting throughout college, he is not obligated to pay.
Actually, in Missouri (and this is going to be one hell of a run-on sentence) it's until age 18 or if they're still in high school, until they graduate (but in no case, past age 21 and in high school), and if the child enrolls in a post-secondary institution by October of the graduating year they have to maintain satisfactory grades, furnish the NCP with copies of those semester grades and be taking at least 12 quarter hours of classes each semester, and then child support in Missouri can go until completion of the post-secondary education, but in no case past age 22 under the statutes, not age 21. It doesn't have to be in the court order, it's a matter of inherent statutory law.

http://www.moga.mo.gov/statutes/C400-499/4520000340.HTM

However, mom is SOL in this case. She could have asked the October deadline be waived by pregnancy of the daughter. But then, section 4 of the statute applies when daughter was pregnant and living with the boyfriend: "(4) Becomes self-supporting, provided that the custodial parent has relinquished the child from parental control by express or implied consent;"

Implied consent was given by the CP when she allowed the daughter to move in with the BF and effectively "relinquished control" of her.
 

AHA

Senior Member
Why is emancipation discussed regarding an 18 year old legal ADULT? How the hell long are you considered legally a child in the US exactly?
 

BL

Senior Member
AHA said:
Why is emancipation discussed regarding an 18 year old legal ADULT? How the hell long are you considered legally a child in the US exactly?
Different State's have different Laws **************but yeah , support can go on till age 21 in my State .
 

Whyte Noise

Senior Member
AHA said:
Why is emancipation discussed regarding an 18 year old legal ADULT? How the hell long are you considered legally a child in the US exactly?
Because the age of majority (which is 18 in all states.. you're then legally an adult) vs. the age of emancipation for child support purposes are 2 totally different things, and the age of emancipation for child support varies from state to state.

NY, for example, requires CS be paid by a NCP until age 21, even though the "child" becomes a legal adult at age 18.
 

NotSoNew

Senior Member
AHA said:
Why is emancipation discussed regarding an 18 year old legal ADULT? How the hell long are you considered legally a child in the US exactly?
in NJ child support can go until the "child" is 26!
 

stealth2

Under the Radar Member
mizzoumom1969 said:
I was only concerned because she was pregnant at the time, which actually prevented her from going to college.
I'm still back trying to figure out how a normal pregnancy interferes with going to college (except for a short period of time right after the child is born...).
 
N

nicetryadmin

Guest
NotSoNew said:
in NJ child support can go until the "child" is 26!
Ya know, I've always wondered about these ass-backward states that have in their statutes that CHILD support continues until 21/22. In the US, a child is considered an adult at the age of 18. So what gives these states the legal right to say differently? Has anyone ever challenged the constitutionality of those statutes in states that order a parent to continue to pay CHILD support for a NORMAL, HEALTHY ADULT past the age of 18/graduating from high school?
 

BL

Senior Member
nicetryadmin said:
Ya know, I've always wondered about these ass-backward states that have in their statutes that CHILD support continues until 21/22. In the US, a child is considered an adult at the age of 18. So what gives these states the legal right to say differently? Has anyone ever challenged the constitutionality of those statutes in states that order a parent to continue to pay CHILD support for a NORMAL, HEALTHY ADULT past the age of 18/graduating from high school?
You think the Feds & States are going to pay for every Lazy arse kids' way in life ? LOL.

No , No the parents are . Look there are laws in place to protect both the Parents and the kids .

Your a Parent all yer life , don't ya know ??
 

mizzoumom1969

Junior Member
In response to why pregnancy could prevent going to college**************.in this case, DH's daughter was due in October, which was when college started. She could not start college and be due with a child, plus take the 6 weeks or so off to recover, etc, without failing her classes. Otherwise I can't see why there would be a problem attending college while preganant. However, I will start nursing school in July and you can't be pregnant or miss more than 10 days the entire year, or you will be kicked out of the program.
 
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