Emanciptated?

What is the name of your state? Missouri

My son is a junior at UM-Columbia. He decided to move off-campus into an apartment for his sophomore year. After his sophomore year, instead of coming home and “living” with his mom, he decided to stay in Columbia and get a full-time summer job. At the beginning of the fall semester, he quit his job and continued as a full-time college student. I have been paying child support during this time.

I am also paying ½ of his college expenses as a part of my divorce decree until he reaches the age of 22, which will be this October. The cost of his apartment is calculated into the college expenses, so I am, in effect, paying for ½ of his apartment costs.

I am wondering if my son became emancipated when he decided to stay in Columbia for the summer in May, 2004. Was his mom obligated to notify me or file with the court that he is emancipated? Can I recover the child support money I have paid to her since May, 2004? What steps do I need to take to claim he is emancipated and recover the child support money?

MizzouDad said:

What is the name of your state? Missouri

My son is a junior at UM-Columbia. He decided to move off-campus into an apartment for his sophomore year. After his sophomore year, instead of coming home and “living” with his mom, he decided to stay in Columbia and get a full-time summer job. At the beginning of the fall semester, he quit his job and continued as a full-time college student. I have been paying child support during this time.

I am also paying ½ of his college expenses as a part of my divorce decree until he reaches the age of 22, which will be this October. The cost of his apartment is calculated into the college expenses, so I am, in effect, paying for ½ of his apartment costs.

I am wondering if my son became emancipated when he decided to stay in Columbia for the summer in May, 2004. Was his mom obligated to notify me or file with the court that he is emancipated? Can I recover the child support money I have paid to her since May, 2004? What steps do I need to take to claim he is emancipated and recover the child support money?

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Well...if your son is almost 22, and didn't go home for the summer then you may have a fairly strong case for emancipation. However, I hope that despite your divorce agreement that you continue to help your son with college until he graduates. If I did the math correctly he would be in the middle of the first semester of his senior year when he turns 22. It would be a real shame for him not to be able to finish on time. The deadline has already passed for applying for financial aid for next year.

I don't believe that it was mom's obligation to inform you of anything or notify the courts. Since you were fully aware of the situation it would have been your obligation to petition to stop child support based on emancipation. Since you didn't, I don't think you have a case for recovering the child support that you have continued to pay. However, again, you may have a case for terminating support now.

Whatever you do, please think very carefully about your child's future. Like I said, the deadline for applying for financial aid for next year has already passed. Its unlikely that mom would be able to pick up where you left off if child support is also terminated. If you leave things alone you have approximately 13 months until your child graduates....he is in the homestretch.

I thought you can only emancipate a child before they turn 18. The only purpose of emancipating a child is to allow them to "be an adult". When the kid turned 18 I would think there was no way to emancipat him anymore. To emancipate meant to relaese from the control of a prent or guardian. When kiddo turned 18 he was legally released from the control of both of parents.

newguyhere said:

I thought you can only emancipate a child before they turn 18. The only purpose of emancipating a child is to allow them to "be an adult". When the kid turned 18 I would think there was no way to emancipat him anymore. To emancipate meant to relaese from the control of a prent or guardian. When kiddo turned 18 he was legally released from the control of both of parents.

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There is more than one kind of emancipation. You are talking about emancipation in relationship to legal adulthood. This thread is about emancipation in relationship to child support.

MizzouDad said:

What is the name of your state? Missouri

My son is a junior at UM-Columbia. He decided to move off-campus into an apartment for his sophomore year. After his sophomore year, instead of coming home and “living” with his mom, he decided to stay in Columbia and get a full-time summer job. At the beginning of the fall semester, he quit his job and continued as a full-time college student. I have been paying child support during this time.

I am also paying ½ of his college expenses as a part of my divorce decree until he reaches the age of 22, which will be this October. The cost of his apartment is calculated into the college expenses, so I am, in effect, paying for ½ of his apartment costs.

I am wondering if my son became emancipated when he decided to stay in Columbia for the summer in May, 2004. Was his mom obligated to notify me or file with the court that he is emancipated? Can I recover the child support money I have paid to her since May, 2004? What steps do I need to take to claim he is emancipated and recover the child support money?

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http://www.moga.state.mo.us/statutes/C400-499/4520000340.HTM


If when a child reaches age eighteen, the child is enrolled in and attending a secondary school program of instruction, the parental support obligation shall continue, if the child continues to attend and progresses toward completion of said program, until the child completes such program or reaches age twenty-one, whichever first occurs

etc. Read the rest of the statute by clicking on the link above.

But, based solely on your post, he does not appear to be emancipated. Also, tell him to slow down...you don't want him getting a speeding ticket like dad did!


Q: I am wondering if my son became emancipated when he decided to stay in Columbia for the summer in May, 2004.

A: No; you should congratulate him for working.


Q: Was his mom obligated to notify me or file with the court that he is emancipated?

A: He's not emancipated.


Q: Can I recover the child support money I have paid to her since May, 2004?

A: No.


Q: What steps do I need to take to claim he is emancipated and recover the child support money?

A: Keep paying till October...after that, help the kid out by paying him directly. He sounds like he has some smarts.

legalcuriosity said:

LdiJ,

I don't think the OP would have any luck. The child is 21. Many college student live off-campus. That doesn't make them emancipated (it's cheaper off campus anyway LOL).

The child then decided to stay and take summer courses. The same courses the child would have to take anyway -- either in spring or fall semesters.

I would have to say that the OP is SOL on this one. If he would've acted THEN, it might have a case. But at this point, it's a little late. If the child is doing the same thing this summer, then he could make an argument. But, the OP only has a few months left.

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You could be right....but he did say that the child worked full time that summer. He didn't mention anything about summer school. Personally I figured the child stayed there because of the apartment lease and the fact that rent probably had to be paid during the summer months anyway.

From the Father:

Thank you for your responses... my comments to your messages:

I do not have a problem paying 1/2 the cost of his college and I will continue to do that through his senior year.

He did not take any summer courses... he decided to spend the summer in Columbia, supporting himself, because he got a good summer job. The only help we (the parents) gave him were the cost of the apartment as a part of the college expenses (they only have year leases so we had to pay for it whether he as there or not).

I read somewhere in some legal jargon that it is the responsibility of the custodial parent to notify the non-custodial parent that the child is emancipated, even if the non-custodial parent is aware of the situation.

MizzouDad said:

From the Father:

I read somewhere in some legal jargon that it is the responsibility of the custodial parent to notify the non-custodial parent that the child is emancipated, even if the non-custodial parent is aware of the situation.

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There very well may be some legal jargon out there that says that. However I think that you would have a hard time convincing a judge that mom should have to pay you back since you were fully aware of the situation and continued to pay. It IS your responsibility to petition to end child support..not hers.

legalcuriosity said:

The child is 21.

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seniorjudge said:

http://www.moga.state.mo.us/statute.../4520000340.HTM


If when a child reaches age eighteen, the child is enrolled in and attending a secondary school program of instruction, the parental support obligation shall continue, if the child continues to attend and progresses toward completion of said program, until the child completes such program or reaches age twenty-one, whichever first occurs

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That should be enough to file a motion to cease support.

The child (adult) is still enrolled in college, but it goes until the program is complete or until age 21.

He's 21 --- the legal responsibility is over.

Ambr said:

That should be enough to file a motion to cease support.

The child (adult) is still enrolled in college, but it goes until the program is complete or until age 21.

He's 21 --- the legal responsibility is over.

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You might want to read the statute before you start giving legal advice about it:

...
3. Unless the circumstances of the child manifestly dictate otherwise and the court specifically so provides, the obligation of a parent to make child support payments shall terminate when the child:

...

(6) Reaches age twenty-two, unless the provisions of the child support order specifically extend the parental support order past the child's twenty-second birthday for reasons provided by subsection 4 of this section.

...