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Emancipation

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Vabbato

Junior Member
What is the name of your state? Colorado
I have a 16 year old daughter that wants to drop out of school. She want to get her GED and go to work. Despite my best efforts she, to this point has not changed her mind and will not go back to school next year. Would this be considered Emancipation and how would this effect my child support?
 


Just Blue

Senior Member
Vabbato said:
What is the name of your state? Colorado
I have a 16 year old daughter that wants to drop out of school. She want to get her GED and go to work. Despite my best efforts she, to this point has not changed her mind and will not go back to school next year. Would this be considered Emancipation and how would this effect my child support?

Emancipation would involve your daughter working and living on her own...and paying ALL of her expenses..food, cloths, transportation, medical ect...
She would have to appear before the courts to be declared emancipated...and if that were to happen...yes your child support would be affected.
 

Shay-Pari'e

Senior Member
Vabbato said:
What is the name of your state? Colorado
I have a 16 year old daughter that wants to drop out of school. She want to get her GED and go to work. Despite my best efforts she, to this point has not changed her mind and will not go back to school next year. Would this be considered Emancipation and how would this effect my child support?
WOW! Sorry, if it was my kid, I would be dragging him kicking and screaming to school.

Seems you are only focused on your child support,**************...That is rather sad.
 

Vabbato

Junior Member
NO - I am not focused on my child support but her Mother is and if I can legally stop paying the child support her mother will make her go to my daughter go to school. I want my daughter in school period. I do not care about the child support I care about my daughter and what she is doing to her life. Her mother told her it was okay to drop out. Because she only listens to her mother (no rule in her house) I need to make her mother change her mind and the only way i know to do that is to hit her mother where it hurts and that is the pocketbook. I hope this makes more sense.
 

Silverplum

Senior Member
Here's info on CO emancipation law, easy to understand; also links to official forms:

"Termination of Child Support in Colorado
The child support obligation in Colorado continues until further order of the court. Typically, this mean a child's emancipation (generally turning 19, marrying, joining the military, or graduating from high school and becoming self-sufficient), or death. A physical or mental disability which precludes a child from supporting himself/herself may justify extending the child support obligation.

Finally, note that the child's emancipation generally does not automatically terminate a Colorado child support obligation. The obligor needs a Colorado court order to formally stop it, or risk contempt of court and owing back child support!
"
http://www.colorado-family-law.com/child-support.htm


http://www.courts.state.co.us/chs/court/forms/domestic/domestic.html
 

Just Blue

Senior Member
Vabbato said:
NO - I am not focused on my child support but her Mother is and if I can legally stop paying the child support her mother will make her go to my daughter go to school. I want my daughter in school period. I do not care about the child support I care about my daughter and what she is doing to her life. Her mother told her it was okay to drop out. Because she only listens to her mother (no rule in her house) I need to make her mother change her mind and the only way i know to do that is to hit her mother where it hurts and that is the pocketbook. I hope this makes more sense.

Hey! How about filing for a change in custody....That way Mom would have to pay YOU child support!
 

bononos

Senior Member
Report the possible truancy to the school and ask they take proper actions.
I'd be worried about keeping her in school, not support.
 

Vabbato

Junior Member
Does anyone know or have another sugesstion on keeping a 16 year old in school? Can she really drop out at 16?
 

Happy Trails

Senior Member
If a student is absent without a signed parental excuse or if the student leaves school or a class without permission of the teacher or administrator in charge, the student shall be considered truant. A "habitual truant" shall be defined as a student of compulsory attendance (from seven years of age to under sixteen years of age) age who has four unexcused absences from school in any one month or 10 unexcused absences from school during any school year. For the purposes of this policy only, an absence shall be defined as more than one-half of the school day. Classification as a habitual truant shall cause judicial proceedings to be initiated to enforce compulsory attendance. Absences due to suspension or expulsion shall not be counted toward a designation of "habitually truant".
From site: http://www.d11.org/boe/policies/jhb.htm
 

justalayman

Senior Member
So what is wrong with baystategirl's suggestion. If you had custody, it would be up to you to enforce your rules with the side bene of mom paying you CS.
I would think a judge would like to see your daughter continue in school, I would think this may help you.

Maybe just the serious threat of a custody modification attempt would be enough to spur her into keeping the girl in school.
 

BelizeBreeze

Senior Member
As far as school is concerned you're out of luck. The age for compulsory education is 16 as you know and even if SB 73 is passed, it wouldn't go into effect until the 2007-08 school year.The bill is now in the Appropriations Committee.
 

bud8n2k6

Junior Member
You also have to keep in mind that the child has a right to say where she wants to live and "most" of the time the court will agree. If she has it this good at Mom's house she most likely won't want to live in a house with rules. There is some case history in CO that shows that if the child is not in school or some type of program to get her diploma she could be ruled emancipated.

I am going through the same problem but I had custody and my son didn't like me making him attend school so he moved back with his mom and the judge agreed!
 

Silverplum

Senior Member
bud8n2k6 said:
You also have to keep in mind that the child has a right to say where she wants to live and "most" of the time the court will agree. If she has it this good at Mom's house she most likely won't want to live in a house with rules. There is some case history in CO that shows that if the child is not in school or some type of program to get her diploma she could be ruled emancipated.

I am going through the same problem but I had custody and my son didn't like me making him attend school so he moved back with his mom and the judge agreed!
Total nonsense. :rolleyes:
 

Silverplum

Senior Member
Vabbato said:
Does anyone know or have another sugesstion on keeping a 16 year old in school? Can she really drop out at 16?
And, Vabbato, you hold the record for Colorado poster rudeness. I can't imagine how you managed to receive ALL of the information you needed to solve your legal problem for free, and didn't manage a simple "thanks." Ass.

No doubt you're from some other state where rudeness is encouraged. I suggest you go back there and stop stinking up MY state.
 

justalayman

Senior Member
BelizeBreeze said:
As far as school is concerned you're out of luck. The age for compulsory education is 16 as you know and even if SB 73 is passed, it wouldn't go into effect until the 2007-08 school year.The bill is now in the Appropriations Committee.
The state mandated compulsory age may be 16 but the parent mandated compulsory age is whatever mom or dad deems it to be.
 

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