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emancipation

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missanns68

Junior Member
What is the name of your state (only U.S. law)? Missouri

Stepdaughter is 18 and living with mother. We would like to have her emancipated. We are told that she is enrolled in community college and working part time but she refuses to give us her grade/transcript for last semester and her registration for the current semester. She also will not give us proof of her working hours. I do know the law states she must be enrolled full time or can be part time with 9 credit hours and working 15 hours a week. We ask for the documents and she says I am taking 9 credit hours and working 15 hours a week. We did not tell her that is what she is required to do in order for her mother to receive CS payments. Can we file for emancipation on failure to provide proof?
 


ecmst12

Senior Member
You can't file for anything, this is none of your business. If DAD has questions, have him sign up for his own screenname and post them.
 

Just Blue

Senior Member
What is the name of your state (only U.S. law)? Missouri

Stepdaughter is 18 and living with mother. We would like to have her emancipated. We are told that she is enrolled in community college and working part time but she refuses to give us her grade/transcript for last semester and her registration for the current semester. She also will not give us proof of her working hours. I do know the law states she must be enrolled full time or can be part time with 9 credit hours and working 15 hours a week. We ask for the documents and she says I am taking 9 credit hours and working 15 hours a week. We did not tell her that is what she is required to do in order for her mother to receive CS payments. Can we file for emancipation on failure to provide proof?
SD, nor her Mother, are required to give you anything. If the FATHER would like to know how to resolve this issue please direct him to join the forum.
 

missanns68

Junior Member
emancipation mo

The court order says that child support will continue until the children are emancipated as defined by law.

According to the law CS continues until 21 if enrolled full time in college, achieves sufficient grades to re-enroll, and that at the beginning of each semester, submits to each parent a transcript or similar official document provided by the college which includes courses, grades, credits, and enrollment for coming term. The daughter does work so if she works 15 hours per week she only has to enroll for 9 credits. We cannot get this information from the school because she is 18 and she will not provide it.

Also this by no means she is unable to attend college. She has a generous college fund set up by her grandmother.

Looking for actual legal advice not opinions.

thanks
 

Ohiogal

Queen Bee
The court order says that child support will continue until the children are emancipated as defined by law.

According to the law CS continues until 21 if enrolled full time in college, achieves sufficient grades to re-enroll, and that at the beginning of each semester, submits to each parent a transcript or similar official document provided by the college which includes courses, grades, credits, and enrollment for coming term. The daughter does work so if she works 15 hours per week she only has to enroll for 9 credits. We cannot get this information from the school because she is 18 and she will not provide it.

Also this by no means she is unable to attend college. She has a generous college fund set up by her grandmother.

Looking for actual legal advice not opinions.

thanks
LEGALLY this is NOT your business. LEGALLY you can do nothing. LEGALLY the daughter and mother do not have to give YOU anything. LEGALLY there is no "we" in this situation.
LEGALLY you need to step out of the situation and allow your husband to deal with it. LEGALLY, there are steps dad can take. LEGALLY you are a stranger.

Is that enough LEGALITIES for you right now?
 

LdiJ

Senior Member
The court order says that child support will continue until the children are emancipated as defined by law.

According to the law CS continues until 21 if enrolled full time in college, achieves sufficient grades to re-enroll, and that at the beginning of each semester, submits to each parent a transcript or similar official document provided by the college which includes courses, grades, credits, and enrollment for coming term. The daughter does work so if she works 15 hours per week she only has to enroll for 9 credits. We cannot get this information from the school because she is 18 and she will not provide it.

Also this by no means she is unable to attend college. She has a generous college fund set up by her grandmother.

Looking for actual legal advice not opinions.

thanks
Your husband has no basis under the court order to demand to know the number of hours she works. Neither one of the parents have the right to her educational information since she is over 18, therefore even mom cannot get it to provide it to your husband.

So, unless someone explains to the child that she needs to provide the school information for child support purposes, there is a problem.

While 9 hours is not full time, it is more than half time and I am not sure how a judge would react to that. Also, if dad is currently sharing the tax exemption for her every other year, then if he stops support, that stops as well, which means he loses her education credit as well. Those credits are quite generous...probably not enough to outweigh child support, but the education credit can be as much as 2500.00 a year for her first 4 years of school.
 

missanns68

Junior Member
The daughter refuses after being told at least 10 times that the documents are needed. That is the problem. The mother is uncooperative. Taxes are not an issue the father does not work and pays faithfully the CS from savings. Paying blindly without proof is going to cost $18 000 over the next three years. A lawyer is what is needed I am sure. Question was --Is failure to provide proof reason to have her emancipated?
 

TinkerBelleLuvr

Senior Member
Then have the FATHER of the child file for contempt against the MOTHER of the child for not providing said information. Might have to subpoena the child.
 

missanns68

Junior Member
So he can file a contempt of court against the mother even though she cannot get this information or force her daughter to do it? What briefly does this entail? Hire a lawyer or file documents with the court--I really have no idea
 

mistoffolees

Senior Member
So he can file a contempt of court against the mother even though she cannot get this information or force her daughter to do it? What briefly does this entail? Hire a lawyer or file documents with the court--I really have no idea
If you have no idea where to start, the correct place to start is with an attorney.

While the court can not force the school to release the documents, the court CAN terminate CS unless Mom can prove that the child is still in school. At that point, it's between Mom and the child.
 

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