Support when child living w/neither parent

[baffledmother]

What is the name of your state?Oklahoma

Child is 18 1/2, last year of high school. Chose to leave home rather than abide by rules. Left home with no plan, after voluntarily quitting his part-time job and now expects both parents to pay him support, now that he's realizing he can't support himself. Although my heart wants to help rather than see him struggle, a side of me says it's time he take responsibility for his actions by choosing to leave. I have always provided above and beyond my obligation for him, he had a perfectly good home to live in , etc. Is there further obligation or is it time for him to suck it up?

 

[rmet4nzkx]

Technically, child support in Oklahoma continues until a child turns 18 or when child graduates from high school, that is when they reside with a parent or guardian. Since your child has taken it upon themselved to leave because they don't like the rules, BOTH parents should petition the court to emancipate the child, it will be tough, but, best in the long run, then if the child returns home and can follow the rules make sure they get "3 hots and a cot".

 

[baffledmother]

Is it necessary to actually petition for emancipation? If the law reads that way, neither of us is in violation in any way right?

 

[rmet4nzkx]

Yes, otherwise both parents could be found responsible, this way, everyone is on the same page and the rules of life set down.

 

[baffledmother]

I'm not trying to be difficult, just trying to understand...if the law says "if residing with them" and the child is not, how could the parents be found responsible? Now, don't get me wrong here, if he takes responsibility for what he has chosen I want to help him. He's just trying to back me in a corner and tell me the CS is owed to him to support himself.

 

[stealth2]

For starters - is there a current support order?

 

[LdiJ]

I'm not trying to be difficult, just trying to understand...if the law says "if residing with them" and the child is not, how could the parents be found responsible? Now, don't get me wrong here, if he takes responsibility for what he has chosen I want to help him. He's just trying to back me in a corner and tell me the CS is owed to him to support himself.

Actually, since the child is over 18 I don't believe that there is any reason to petition to emancipate the child. The child already emancipated himself by moving out and was old enough to do so without court permission. The issue is child support. If one parent is court ordered to pay child support to the other parent, that order technically remains in effect until the child graduates from high school. However that isn't an obligation to the child, its an obligation to the custodial parent.

If you are both in agreement, and the parent paying child support isn't paying through the CS agency, then the two of you are free to terminate the child support on your own. If the parent paying child support is paying through the CS agency (or through wage garnishment) then a petition needs to be filed to terminate child support.

 

[stealth2]

If one parent is court ordered to pay child support to the other parent, that order technically remains in effect until the child graduates from high school.

It would be helpful to first know what the CS order (assuming there is one) states.

 

[LdiJ]

It would be helpful to first know what the CS order (assuming there is one) states.

True, they could have agreed to something different than the standard.

 

[rmet4nzkx]

The child is not entitled to the child support, the custodial parent is, tell him nice try, no cigar.