Emancipation

[Stiper2]

What is the name of your state (only U.S. law)CO... I have an 18 yr old thats still in school(junior) who lives with me(her dad) who thinks shes ready to meet the real world on her own. So she decided to move out. Does this mean she has emancipated herself? Or does that need to be done through the courts. What about the child support issue? Does her mother have to go through the procedure to have the support stop being garnished from her wages? Or is that my responsiblity? In CO the law is they pay til the age 19 unless they are still in school pass the age of 19. But have to be living with you to receive support. We both are liable for health ins for our child...do you stop making the premium payments since she left?

 

[Ohiogal]

What is the name of your state (only U.S. law)CO... I have an 18 yr old thats still in school(junior) who lives with me(her dad) who thinks shes ready to meet the real world on her own. So she decided to move out. Does this mean she has emancipated herself? Or does that need to be done through the courts. What about the child support issue? Does her mother have to go through the procedure to have the support stop being garnished from her wages? Or is that my responsiblity? In CO the law is they pay til the age 19 unless they are still in school pass the age of 19. But have to be living with you to receive suppot. We both are liable for health ins for our child...do you stop making the premium payments since she left?

Here is to help you out:

Originally Posted by skate
I'm not sure what your state does with the child support calculations.

In my state, it all just depends on your income and the fathers (not his spouse). Depending on how much he makes and the time the child spends with each parent, you might or might not owe child support.

Good luck.

Now, did that help you? When you decide to apologize for lecturing me, I will be back.

 

[Stiper2]

Ok..You win....I just get tired of people being nasty to one in other on here. I have a pretty good idea what the outcome of my situation will be....I just wanted to see what anyone else had to say. So I am sorry if I stepped on your feet. I am not here to personally attack anyone.

 

[Ohiogal]

You can always decide to stop the support mom is paying and let your adult wanna be child face the world on her own. If she wants to act grown let her accept the responsibility of being grown. Or mom will most likely petition to have the child support stopped when she finds out that the hcild moved out. However if mom finds out without you telling her that may cause a war -- do you want that?

Check with your insurance to see if you can even still keep her on the insurance since she is basically emancipating herself. However, if you can both keep her insured you might consider doing that in order to give her some protection from her own stupidity.

Legally mom would be in the right to petition to have the support stopped since the child has decided to move out of your home.

 

[LdiJ]

You can always decide to stop the support mom is paying and let your adult wanna be child face the world on her own. If she wants to act grown let her accept the responsibility of being grown. Or mom will most likely petition to have the child support stopped when she finds out that the hcild moved out. However if mom finds out without you telling her that may cause a war -- do you want that?

Check with your insurance to see if you can even still keep her on the insurance since she is basically emancipating herself. However, if you can both keep her insured you might consider doing that in order to give her some protection from her own stupidity.

Legally mom would be in the right to petition to have the support stopped since the child has decided to move out of your home.

As long as she is in school she can be kept on his/her insurance. I would strongly recommend that he keep her on it as long as possible. He would never forgive himself is something dire happened and she didn't get the level of care she needed because she had no insurance.

Seriously folks no one can ever be sure that some sort of medical emergency won't happen. Its one thing if she breaks her leg and ends up having to deal with the fallout of a high medical bill that she can't pay...the harassment fallout that comes from that.

Its entirely another story if she ends up with some non-emergency, life threatening illness and she cannot get treatment because she has no insurance.

 

[Ohiogal]

As long as she is in school she can be kept on his/her insurance. I would strongly recommend that he keep her on it as long as possible. He would never forgive himself is something dire happened and she didn't get the level of care she needed because she had no insurance.

Seriously folks no one can ever be sure that some sort of medical emergency won't happen. Its one thing if she breaks her leg and ends up having to deal with the fallout of a high medical bill that she can't pay...the harassment fallout that comes from that.

Its entirely another story if she ends up with some non-emergency, life threatening illness and she cannot get treatment because she has no insurance.

I agree with you that keeping your child/children on insurance as long as you possibly can -- and having children covered by insurance from both parents -- is the best thing possible. However I did not want to make the blanket assumption that he COULD keep her on his insurance -- there may be some quirk we do not know about.

When it comes to child support, however, neither him nor mom should pay for a wanna-be grown child who has moved out. (Unless said child has moved in with the other parent.) Which he didn't mention but I assumed that she didn't move with mom or mom would be moving to terminate CS anyway.

 

[LdiJ]

I agree with you that keeping your child/children on insurance as long as you possibly can -- and having children covered by insurance from both parents -- is the best thing possible. However I did not want to make the blanket assumption that he COULD keep her on his insurance -- there may be some quirk we do not know about.

When it comes to child support, however, neither him nor mom should pay for a wanna-be grown child who has moved out. (Unless said child has moved in with the other parent.) Which he didn't mention but I assumed that she didn't move with mom or mom would be moving to terminate CS anyway.

While I agree that there is always the possibility of a "quirk", that is something that is controlled by state law, and state law is very consistant on that. An employer can opt not to provide dependent coverage at all in some states, but once an employer does, a child can remain on the policy as long as they are in school and under age 24.

 

[Ohiogal]

While I agree that there is always the possibility of a "quirk", that is something that is controlled by state law, and state law is very consistant on that. An employer can opt not to provide dependent coverage at all in some states, but once an employer does, a child can remain on the policy as long as they are in school and under age 24.

Good to put out there.