Which state has jurisdiction on emancipation?

[CuriousMind]

What is the name of your state?What is the name of your state? FL/TN/IN

I was divorced in Indiana, and my ex-wife and son moved to Tennessee, where they have lived for many years, and I currently live in Florida. My ex opted to not have child support payments made through the clerk's office, so I pay her directly. I have never missed a payment. My son is nearing 18 now, and there is nothing in our divorce decree that says when child support ends. The rules for emancipation are different in each of the 3 states. This is an issue, as some (or perhaps, all) of the three states consider whether the child has graduated to decide on emancipation, and my son has gotten into trouble in high school (skipping school, trouble with the law, etc), causing him to flunk once, and may flunk again this year, if he doesn't make up some classes this summer. He will be at least 19 1/2 when he graduates, and possibly 20 1/2 or more. Which state's laws on emancipation apply, and what do I need to do to legally stop paying support? Thanks.

 

[L.Lundy]

I'm no lawyer, but I can tell you from personal experience that opting not to pay through the court can come back to haunt you big time. I hope you kept cancelled checks clearly marked 'child support', and I hope she never decides to sue you for unpaid support, because whether or not you've ever missed a payment, as far as the courts are concerned, you've never paid a single one if it went to her directly. Even if she agrees that you paid her, it still turns into a lot of red tape mess if it ever comes to the court's attention.

I may be completely wrong, but I think 18 is standard stopping age for support unless otherwise agreed to by the parties involved, i.e. agreeing to pay support for a child through college, etc. Child support is supposed to be for support of a minor, and as of someone's 18th birthday, as far as legalities go, they are no longer a 'child' insofar as paying the other parent for their upkeep. The court assumes that at 18 a person is a legal adult and in charge of their own maintenance.

Now I'll sit here and wait for someone to tell me I'm totally wrong on this, lol. Like I said, I'm no lawyer, I've just been through a few divorces and my ex's both had ugly divorce situations before me, so I got to live through a lot of child support issues. That and watching law and order... *laughs*

I hope you get the situation resolved soon and it all goes well.

 

[Inquiry123]

Jurisdiction...

Indiana law would apply. What are IN guidelines for emancipation?

Since both parties are removed from the original jurisdictional state, your ex could petition to have TN accept jurisdiction over the case as it is the child's new "home state". It doesn't sound like this has happened -- Indiana still has jurisdiction. IN guidelines apply.

If jurisdiction were moved to TN, TN would be able to make rulings on modifications that DO NOT negate the original state's laws.

For example, the AMOUNT of support could be modified by the new state as both states have provisions for adjusting the AMOUNT of support. However, if the original state's law for emancipation is set at 18 (or 21), the modifying state will not increase/decrease the AGE of emancipation if it is in conflict with the originating states' guidelines.

 

[MtnMoon]

What is the name of your state?What is the name of your state? FL/TN/IN

I was divorced in Indiana, and my ex-wife and son moved to Tennessee, where they have lived for many years, and I currently live in Florida. My ex opted to not have child support payments made through the clerk's office, so I pay her directly. I have never missed a payment. My son is nearing 18 now, and there is nothing in our divorce decree that says when child support ends. The rules for emancipation are different in each of the 3 states. This is an issue, as some (or perhaps, all) of the three states consider whether the child has graduated to decide on emancipation, and my son has gotten into trouble in high school (skipping school, trouble with the law, etc), causing him to flunk once, and may flunk again this year, if he doesn't make up some classes this summer. He will be at least 19 1/2 when he graduates, and possibly 20 1/2 or more. Which state's laws on emancipation apply, and what do I need to do to legally stop paying support? Thanks.

If the original court order is from Indiana, then Indiana should have jurisdiction. According to Indiana Statutes, the age at which child support would terminate as a matter of law is 21 (if it's not in the court order). (See IC 31-16-6-6.) Here is the website addy for Indiana's Child Support Rules & Guidelines: http://www.in.gov/judiciary/rules/child_support/ You might want to read the section about post-secondary educational expenses: "The authority of the Court to award post‑secondary educational expenses is derived from IC 31‑16‑6‑2."

It might be advisable to seek the advise of an attorney. Many will give you free initial consultations. It wouldn't hurt to find out some more information.

Hope some of this helps!

 

[CuriousMind]

Thanks for your help...I was able to contact a FL attorney via a TV talk show, who gave me yet another answer. She said that since neither of us lived in IN, that I could move to "domesticate" the order, thereby bringing the order to FL, and then the FL laws on emancipation would apply.

I didn't mention to the attorney that I am paying my ex directly (I know now how risky that is), but it is written in my divorce decree that she wanted it paid that way, as she planned to leave the state after the divorce. I am definitely saving my cancelled checks, just in case!

Again, thanks for your replies.

 

[LdiJ]

Thanks for your help...I was able to contact a FL attorney via a TV talk show, who gave me yet another answer. She said that since neither of us lived in IN, that I could move to "domesticate" the order, thereby bringing the order to FL, and then the FL laws on emancipation would apply.

I didn't mention to the attorney that I am paying my ex directly (I know now how risky that is), but it is written in my divorce decree that she wanted it paid that way, as she planned to leave the state after the divorce. I am definitely saving my cancelled checks, just in case!

Again, thanks for your replies.

The bottom line is that if your child is still enrolled in high school...you are probably going to be stuck with child support until graduation, no matter what state ends up with jurisdiction. Therefore, I wouldn't recommend fighting this battle until your child graduates, or until its clear that your child will never graduate.

Please understand that the cost of fighting the jurisdictional battle could be extreme. You might spend more fighting that than child support would cost you until either the child graduates or you can demonstrate that the child won't.

 

[kat1963]

Under Uniform Interstate Family Support Act SECTION 611 ...a tribunal of this (issuing) State may not modify any aspect of a child-support order that may not be modified under the law of the issuing State, including the duration of the obligation of support.
If duration could modified there would be an influx of custodial parents into to states where support continues until 21 & non-custodials moving to states where it stops at 18.
KAT