Emancipated college student?

[smpk42]

What is the name of your state? MA
My 21-year-old daughter, whom I pay child support for, is living in an apartment near her college in New Hampshire for the summer. She may continue to live in the apartment during the fall semester of 2006. Is this considered being emancipated since she no longer lives with her mother? My obligation to pay child support exists until her 23rd birthday or she becomes emancipated. I'm wondering how this living arrangement is viewed in the eyes of the courts. Am I correct in assuming that she is emancipated now, by moving into an apartment?

 

[BelizeBreeze]

What is the name of your state? MA
My 21-year-old daughter, whom I pay child support for, is living in an apartment near her college in New Hampshire for the summer. She may continue to live in the apartment during the fall semester of 2006. Is this considered being emancipated since she no longer lives with her mother? My obligation to pay child support exists until her 23rd birthday or she becomes emancipated. I'm wondering how this living arrangement is viewed in the eyes of the courts. Am I correct in assuming that she is emancipated now, by moving into an apartment?

Nope. not even close.

 

[smpk42]

Belize,
Are you saying that she is not considered emancipated, even though she has moved out of living with her mother (custodial parent)?

 

[LdiJ]

Belize,
Are you saying that she is not considered emancipated, even though she has moved out of living with her mother (custodial parent)?

Yes, that is exactly what he is saying. As long as she is a full time student she is NOT emancipated.

 

[smpk42]

But if she is not living under the support of her mother, what am i paying child support towards?

 

[stealth2]

The point is - she is apparently NOT self-supporting. Which is one of the requirements for emancipation.

 

[smpk42]

I guess I don't understand why she is not self supported, if she lives on her own.

 

[stealth2]

How is she paying for the apt?

 

[smpk42]

She is working part-time jobs, both on and off campus.
To my knowledge, Her mother is not contributing anything.

 

[stealth2]

P/T doesn't usually cut it. But, having had a quick look at MA stuff, basically (as I think BB stated) if she's enrolled F/T in school? You're on the hook for supporting her, regardless fo where she lives.

 

[smpk42]

Thanks for your replies, Stealth.
I guess this is the burden of the child support payor.
It becomes frustrating when the monies are absorbed by the custodial parent without any going to the child. Seems like alternative Alimony.