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Child past 18 moves out of custodial home. Affect on support?

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HandyRandyIndy

Junior Member
What is the name of your state? Indiana.

My youngest daughter is now 18. I am not custodial, but have joint legal custody.

She decided to move out (my ex lives out of state) and is now living with her boyfriend in his grandparent's home (they live in Nevada). She is still in High School, and has kept going to classes. (I know, but I really can't do anything about the situation - she's legally an adult)

My daughter doesn't see a dime of the support I pay, my ex keeps it all. If I still have to pay, I would rather she recieve it than my ex.

Is there anything I can do short of claiming that my daughter is emancipated and having the support order stopped?

Randy in Indy
 


msfurman

Member
Whoa. Im not sure what you do in that situation with a legal adult whom you still have to pay support for becuase she is still in High School. Child support is suppose ot be used by the custodial parent to help pay the bills in a nutshell. So that child isnt living on the street and all that. You situation is unique because she is not supporting the child. It seems that if have to be obligated to pay it, but the child does not live there, it should go to the child. If I were you Id go to the court and file a Motion to Amend Child Support or Dismiss Support as soon as possible. Becuase as long as your are ordered to do so, you have to. But in your motion, add Motion to Amend or Dismiss Support due to a material change in circumstance. And leave it at that. This gives you the court date. WHen you get to court tell the judge (A). my child is 18 yrs old; (B) My child ceased living with the mother, thus the mother doesnt have any expenses for caring for the child. (c) Any proof that you can get to show that your daughter does not live with her and in fact is living with a man and his family who are supporting her.

Im thinking if you file a motion to amend support, that when you get to court, you can tell them that you still want to support your daughter since she is still in HIgh School bu tyou want to send the money directly to her.

Can you emancipate your own child? I though the child had to do that themselves.
 

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