Ex wants to stop paying child support for 1 of 3 kids

[2Mistakes]

What is the name of your state (only U.S. law)? MS

Hello all. My question is sort of multi part.

Ex wife and I have 3 kids. They live with me, she pays child support.

The oldest is 18. (Child support goes to 21 here.) The oldest is graduating from high school this weekend and will start at community college this fall. She has decided to move in with my parents after she graduates because they live within walking distance of the college and her work. We live about 40 mins from both. I think she also wants some independence from her little sisters and brother.

I will still be paying for her cell phone, part of her car insurance, and 1/2 of her college fees. My daughter is paying the other 1/2 of her own college expenses.

My ex is saying that because my daughter is moving out she isn't going to pay child support for her anymore.

Question 1: does this emancipate the child for child support purposes? Or is it akin to a child who goes off to college and lives in a dorm and is still considered a dependent?

Next part: the ex currently pays $900 per month for 3 children. She is saying that she will just pay $600 per month now. I'm guessing she thinks $900 per month for 3 = $300 per child.

Child support here is calculated based on the NCPs AGI. Child support for 3 children is 22% of AGI. Child support for 2 children is 20% of AGI.

When we calculated $900 per month for 3 children, my ex was making much less than she does now. So if we did in fact take the oldest out of the equation, wouldn't we need to recalculate child support as 20% of her AGI? If so, her child support would actually go UP, even though it's for fewer children, because her income has increased. A lot.

My ex is saying no, we just take $300 off the current amount of $900.

Who's right on how it would need to be recalculated?

Thanks!

 

[BL]

What is the name of your state (only U.S. law)? MS

Hello all. My question is sort of multi part.

Ex wife and I have 3 kids. They live with me, she pays child support.

The oldest is 18. (Child support goes to 21 here.) The oldest is graduating from high school this weekend and will start at community college this fall. She has decided to move in with my parents after she graduates because they live within walking distance of the college and her work. We live about 40 mins from both. I think she also wants some independence from her little sisters and brother.

I will still be paying for her cell phone, part of her car insurance, and 1/2 of her college fees. My daughter is paying the other 1/2 of her own college expenses.

My ex is saying that because my daughter is moving out she isn't going to pay child support for her anymore.

Question 1: does this emancipate the child for child support purposes? Or is it akin to a child who goes off to college and lives in a dorm and is still considered a dependent?

Next part: the ex currently pays $900 per month for 3 children. She is saying that she will just pay $600 per month now. I'm guessing she thinks $900 per month for 3 = $300 per child.

Child support here is calculated based on the NCPs AGI. Child support for 3 children is 22% of AGI. Child support for 2 children is 20% of AGI.

When we calculated $900 per month for 3 children, my ex was making much less than she does now. So if we did in fact take the oldest out of the equation, wouldn't we need to recalculate child support as 20% of her AGI? If so, her child support would actually go UP, even though it's for fewer children, because her income has increased. A lot.

My ex is saying no, we just take $300 off the current amount of $900.

Who's right on how it would need to be recalculated?

Thanks!

The X can not just simply stop paying CS.

A modification through the court is nessesary.

If the 18 year old goes to live with a relative, it would constitute emancipation.

It would be up to the court on recalculations ,but you could look up your State's CS calculator to give you an idea.

 

[stealth2]

Or... Mom may be paying the grandparents CS for the older child...

 

[proud_parent]

What is the name of your state (only U.S. law)? MS

Hello all. My question is sort of multi part.

Ex wife and I have 3 kids. They live with me, she pays child support.

The oldest is 18. (Child support goes to 21 here.) The oldest is graduating from high school this weekend and will start at community college this fall. She has decided to move in with my parents after she graduates because they live within walking distance of the college and her work. We live about 40 mins from both. I think she also wants some independence from her little sisters and brother.

I will still be paying for her cell phone, part of her car insurance, and 1/2 of her college fees. My daughter is paying the other 1/2 of her own college expenses.

My ex is saying that because my daughter is moving out she isn't going to pay child support for her anymore.

Question 1: does this emancipate the child for child support purposes? Or is it akin to a child who goes off to college and lives in a dorm and is still considered a dependent?

Based on what you've written, this would not appear to be sufficient for emancipation under MS law. Your daughter will continue to be enrolled full-time, will not be self-supporting, and will not be maintaining independent living arrangements (moving in with your parents hardly counts as "independent", IMO).

(8) The duty of support of a child terminates upon the emancipation of the child. The court may determine that emancipation has occurred and no other support obligation exists when the child:

(a) Attains the age of twenty-one (21) years, or

(b) Marries, or

(c) Discontinues full-time enrollment in school and obtains full-time employment prior to attaining the age of twenty-one (21) years, or

(d) Voluntarily moves from the home of the custodial parent or guardian and establishes independent living arrangements and obtains full-time employment prior to attaining the age of twenty-one (21) years.

http://www.mscode.com/free/statutes/93/011/0065.htm

Emancipation, as employed in the law of parent and child, means the freeing of a child for all the period of its minority from the care, custody, control, and service of its parents; the relinquishment of parental control, conferring on the child the right to its own earnings and terminating the parent's legal obligation to support it.

http://scholar.google.com/scholar_case?case=8465241063874297403&q=emancipation+"caldwell+v.+caldwell"&hl=en&as_sdt=4,25

Next part: the ex currently pays $900 per month for 3 children. She is saying that she will just pay $600 per month now. I'm guessing she thinks $900 per month for 3 = $300 per child.

Child support here is calculated based on the NCPs AGI. Child support for 3 children is 22% of AGI. Child support for 2 children is 20% of AGI.

When we calculated $900 per month for 3 children, my ex was making much less than she does now. So if we did in fact take the oldest out of the equation, wouldn't we need to recalculate child support as 20% of her AGI? If so, her child support would actually go UP, even though it's for fewer children, because her income has increased. A lot.

My ex is saying no, we just take $300 off the current amount of $900.

Who's right on how it would need to be recalculated?

Thanks!

I suspect that you are, presuming that your 18 year old is in fact judged to be emancipated (which I don't agree is a given) and that one of the parties does in fact petition to modify the current order.

What is clear is that the emancipation of one child does not automatically reduce the amount of support owed when there are unemancipated children still covered by the order.

http://scholar.google.com/scholar_case?case=9223277913179186150&q=emancipation+"Strack+v.+Sticklin"&hl=en&as_sdt=4,25
http://scholar.google.com/scholar_case?case=12151270032567632076&q=emancipation+"Wiles+v.+Williams"&hl=en&as_sdt=4,25

 

[TinkerBelleLuvr]

Will you be contributing to your parents' household funds to pay for your daughter? Hint, hint .... temporary absence from the home for school related purposes does NOT mean the child is emacipated. Does she intend to come home during breaks? Weekends?

 

[TinkerBelleLuvr]

And, until you go to court, the full amount of the court order is due.