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Emancipation

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sadmom1992

Junior Member
What is the name of your state (only U.S. law)? Indiana
My 17 year old daughter wishes to live with her dad and step mom(not what I want, but she's making it very hard) My ex and I have been divorced 10 years and have joint physical and legal custody. We also have a 12 year old son. I'm remarried and we have a 5 year old son. She appears to be misirable here and is making everyone in the house misirable as well. I'm considering letting go live with them, she will be 18 in May and will graduate HS in May as well. I want to know can I ask for emancipation. Her father will seek child support. He used to pay me child support until our agreed entry from 2007. He pays all expenses instead of paying any support. Now he's telling my daughter and myself that I'm "legally" obligated to pay 1/3 of our daughter's college expenses. There is nothing in our divorce papers about college except it will be worked out at a later date. I've been advised that's not the case but he's very adiment that his attorney has advised him this is true..

thanks, very sad mom
 


Proserpina

Senior Member
What is the name of your state (only U.S. law)? Indiana
My 17 year old daughter wishes to live with her dad and step mom(not what I want, but she's making it very hard) My ex and I have been divorced 10 years and have joint physical and legal custody. We also have a 12 year old son. I'm remarried and we have a 5 year old son. She appears to be misirable here and is making everyone in the house misirable as well. I'm considering letting go live with them, she will be 18 in May and will graduate HS in May as well. I want to know can I ask for emancipation. Her father will seek child support. He used to pay me child support until our agreed entry from 2007. He pays all expenses instead of paying any support. Now he's telling my daughter and myself that I'm "legally" obligated to pay 1/3 of our daughter's college expenses. There is nothing in our divorce papers about college except it will be worked out at a later date. I've been advised that's not the case but he's very adiment that his attorney has advised him this is true..

thanks, very sad mom
Emancipation means she is supporting herself completely - not living with someone (such as Dad). You can let her go live with Dad, sure - but yes, he'll have the right to request child support.

She will not be emancipated unless she can prove that she is able to support herself adequately.
 

LdiJ

Senior Member
What is the name of your state (only U.S. law)? Indiana
My 17 year old daughter wishes to live with her dad and step mom(not what I want, but she's making it very hard) My ex and I have been divorced 10 years and have joint physical and legal custody. We also have a 12 year old son. I'm remarried and we have a 5 year old son. She appears to be misirable here and is making everyone in the house misirable as well. I'm considering letting go live with them, she will be 18 in May and will graduate HS in May as well. I want to know can I ask for emancipation. Her father will seek child support. He used to pay me child support until our agreed entry from 2007. He pays all expenses instead of paying any support. Now he's telling my daughter and myself that I'm "legally" obligated to pay 1/3 of our daughter's college expenses. There is nothing in our divorce papers about college except it will be worked out at a later date. I've been advised that's not the case but he's very adiment that his attorney has advised him this is true..

thanks, very sad mom
No, you are not legally obligated to pay 1/3 of her college expenses. However, child support in Indiana goes to age 21 or emancipation, whichever comes first, and a college student is not considered to be emancipated.

Now, when he files for child support he could also petition to have you made responsible for 1/3 of college expenses, but its not guaranteed that you would be ordered to do so.

Does the 12 year old also live with you? Why did you agree to an arrangement where he does not pay child support but instead pays all of the children's expenses? That is very unusual. How does he pay all of their expenses when you are providing a roof over their heads, utilities, food etc.?
 

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