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  1. #1
    Join Date
    Jun 2005

    paying child support when child no longer lives with parent

    What is the name of your state?Missouri
    My 17 almost 18 year old step daughter just moved out of her mothers house into her own apartment. We gave her first and last months rent but she does work full time. Have always paid child support, but now when husband calls to get it stopped he is told no he has to pay the mother till child is 19, even if she does live out on her own. This can not possible be correct the child dropped out of school a year ago and has been working full time or close to it since she has just signed with her mother as a co signer a one year lease on a place. We even asked if child support could be sent to the child instead of mother untill she is 18 and were told no. Is there anything we can do about this without spending a fortune that we just do not have. This cant be right to pay child support on a child that does not live with the woman.

  2. #2
    Join Date
    Mar 2005
    On a mountain way up there
    From [url]http://www.mobar.org/pamphlet/support.htm:[/url] "In most cases in Missouri, the obligation to pay child support will end when the child is between the ages of 18-22 years. The actual date of emancipation will depend on whether the child has graduated from high school and is attending some form of higher education. Other factors include whether the child is married, is on active duty in the armed forces, or is self-supporting."

    Unfortunately, it doesn't seem that Missouri statutes include a clear definition of an emancipated minor. If your stepdaughter doesn't live with her mother, it doesn't mean she's emancipated....according to Missouri. One of the factors the Missouri court takes into consideration is who provides support for the child... If the mother pays rent, tuition, buys food, etc..., even if your stepdaughter works full-time... the court might not consider your stepdaughter emancipated....she might still be considered a dependent child. In Missouri, a dependent child is "any person under the age of twenty-one who is not otherwise emancipated, self-supporting, married, or a member of the armed forces of the United States."

    So the key it seems would be to prove to the judge that your stepdaughter is self-supporting. Of course, once your husband's ex finds out that your husband is taking this to court...she could very well influence your stepdaughter to move back home with her. In that case, it wouldn't matter how much money your stepdaughter made...she would not be considered emancipated simply because she resides with her mother.

    It might be worth it to consult with an attorney about this. Many will provide a free initial consultation. Hope some of this helps!

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