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Emancipation

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bud8n2k6

Junior Member
What is the name of your state? Colorado

I am in the process of attempting to modify my child support based on the emancipation of my oldest child. I will provide the details and what I have done so far and I would appreciate any comments and/or recommendations.

My son is 18 years old and lived with me and my current wife from the time he was 13 until he turned 17. At that time he moved back in with his mom. He had attended school every day when he lived with me and then after moving in with his mom he registered for school but did not attend. After about 6 months he signed up for a "Digital" school where he attended and received credit for one class.

He had not attended school since March 2005 so in September 2005 I submitted the paperwork with the court to stop paying child support because he was not attending school. About three weeks after that date he was back in school again and has been since that time.

I do not have a relationship with my children because their mother insists on interrogating them every time they come to my house and this has caused some serious problems between me and my children. I have paid all my child support on time for the last 6 years (over $27,000).

I have since learned that my oldest son is not living at home and has a baby with the girl he is living with.

I am scheduled for mediation in a couple of weeks and I really need some advice. Here are my questions.

1. How do I prove that he isn't living at home?

2. How do I prove that he has a child?

3. How do I request back child support for all the times he was not attending school?

4. How do I show this as a pattern (it's happening with my 11 year old now because he goes to school about 3 days a week) to get custody of my other child?

Thanks for any and all responses.
 


seniorjudge

Senior Member
bud8n2k6 said:
What is the name of your state? Colorado

I am in the process of attempting to modify my child support based on the emancipation of my oldest child. I will provide the details and what I have done so far and I would appreciate any comments and/or recommendations.

My son is 18 years old and lived with me and my current wife from the time he was 13 until he turned 17. At that time he moved back in with his mom. He had attended school every day when he lived with me and then after moving in with his mom he registered for school but did not attend. After about 6 months he signed up for a "Digital" school where he attended and received credit for one class.

He had not attended school since March 2005 so in September 2005 I submitted the paperwork with the court to stop paying child support because he was not attending school. About three weeks after that date he was back in school again and has been since that time.

I do not have a relationship with my children because their mother insists on interrogating them every time they come to my house and this has caused some serious problems between me and my children. I have paid all my child support on time for the last 6 years (over $27,000).

I have since learned that my oldest son is not living at home and has a baby with the girl he is living with.

I am scheduled for mediation in a couple of weeks and I really need some advice. Here are my questions.

1. How do I prove that he isn't living at home?

2. How do I prove that he has a child?

3. How do I request back child support for all the times he was not attending school?

4. How do I show this as a pattern (it's happening with my 11 year old now because he goes to school about 3 days a week) to get custody of my other child?

Thanks for any and all responses.

Any evidence you need should be gotten by discovery, which includes pleadings (e.g., requests for admission) and also by taking depositions. Your lawyer can give you details.

Also, you may want to check with your lawyer to see if child support paid AFTER a kid was emancipated is repayable to you. (Some states have such statutes).
 

bud8n2k6

Junior Member
Thanks for the reply but I can no longer afford an attorney because I have been to court at least 8 times in 7 years because of child support modifications, contempt proceedings and other misc BS. I have accumilated over $16,000 in attorney fees even though I was never found in contempt.
 

bud8n2k6

Junior Member
As you can see from my repsonse I cannot afford an attorney. I would appreciate any helpful advice about ways to prove where my son is living.

I have tried sending certified mail to him via the address where I know he is living but no one ever signs for it. Can I testify in court that I have seen him at this house and not ever at his mom's house or do I need to hire a private investigator to do that for me? What good will it do me in court?

The girl's parent own the townhouse where they live so should I subpoena them to court to testify under oath that they are both living in the house?

Help Please! Thank you!
 

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