Emancipation

[lisav]

What is the name of your state?RI

Can I file myself for emancipation or do I need a lawyer? What are the benefits of the lawyer vs. going it by myself?

 

[MtnMoon]

How old are you? Why are you seeking emancipation?

 

[lisav]

I am sorry I guess I was not very specific. My son is 18 years old living with his Mom in Virginia, not attending school. Mom is collecting child support on the basis of my son attending school (false pretenses) Mom does not work and my son does not work. I would like to file to stop child support.

 

[MtnMoon]

I am sorry I guess I was not very specific. My son is 18 years old living with his Mom in Virginia, not attending school. Mom is collecting child support on the basis of my son attending school (false pretenses) Mom does not work and my son does not work. I would like to file to stop child support.

Oooooooh... Ok. You may ask the court for an Order to Show Cause hearing to have child support stopped. If you want to file yourself, you may contact your county clerk's office to find out which forms to fill out and how to file. You may also try to get assistance from a Law Facilitator.

There is a Central Virginia Legal Aid Pro Bono Hotline which might be helpful:

804-648-1012 or 804-225-8197
James W. Speer
Central Virginia Legal Aid
101 W Broad St Suite 101
Richmond, VA 23220
email: [email protected]

It is really sad that even though you're willing to make child support payments to assist your child in attending college...that he is isn't going and your ex is still collecting! My child is starting college in the fall and I am in the middle of getting ready to ask for an OSC hearing to continue additional child support because of it. Certainly if my child was to stop going to college...there would be no need to continue child support. That would not be right!

Hope some of this helps!

 

[LdiJ]

Don't be surprized if by the time you get to court your son is enrolled in school...which would make the whole issue moot.

 

[MtnMoon]

Don't be surprized if by the time you get to court your son is enrolled in school...which would make the whole issue moot.

Ahhhhh! Yeah...doesn't that beat all? Definitely ask the Law Facilitator about that scenario, too.

 

[ENASNI]

bright side?

But at least he would be going to school..

Bright side?

Maybe ?

I think so.

 

[kat1963]

Is your order out of VA? If so who said you still had to pay?

KAT

 

[lisav]

No the order is out of ri and the court said I had to pay - even though there is no proof that he is even attending high school (not college). My ex-wife will not even say where in Virginia they are living. You see I stopped paying child support when my son turned 18 in October 2004. In our divorce decree it states that I am to pay child support for the minor child.

Then coincidentally on the same day she moved to Virginia (November 30th) I was served with papers to go to court for non payment of child support. I went to court and the courts continued child support on the basis of my ex wife stating my son is attending school in Virginia - just on her word.

If it was the other way around I can guarantee that I would definately have to have proof of this.

Regardless - when does it end? at the end of this school year? His 19th birthday? After he repeats 12th grade for the 3rd time?

 

[kat1963]

I hear ya'. You need to find out where she is living (of course) then obtain the school records. If he's not attending they will tell you that also. You can contact the old school to see where the records were transferred (IF they even were!) & contact the post office to see where she had her mail forwarded to. File again when you have proof. If you find out she lied ask for $$$ sanctions.
Good Luck!! Mr. KAT filed his evidence of non attendance last week with VA CSE last week. They've already sent him a letter saying thank you & cs terminates 9/05.
KAT
Brief search shows RI: Termination of support at 18, or until 90 days past high school graduation or 19, whichever is sooner
1998 R.I. Pub. Laws, § 2697 allows court to order a non-custodial parent to pay for higher education for a child between the ages of 18-23.