Question on Stopping Support

[bambi66]

What is the name of your state? IN

My ex husband has sent me a certified document notifying me of a court date (Nov 28) to emancipate our 18 year old daughter. He claims she hasn't been in school for 4 months and is no longer under my care and control. She actually is in school (full time cosmetology student) and lives near the school with a classmates parents (no rent is being paid). She graduated HS in May and couldn't get into her cosmetology class until Oct due to the Aug class being full. Do I need to respond to the information I received (doesn't state I need to in the documents)? If so, how long would I have to respond? Do I stand a chance at keeping the support as is? The thing that concerns me is that she doesn't live with me, but neither do college students who live on campus and support continues. I still provide her health insurance and pay for any needs she has.

Thank you in advance for any information provided.

 

[Neal1421]

What does your support order say about when support payments are to end?

 

[bambi66]

Child support goes until 21 in Indiana. My order states nothing else other than the amount and frequency of payments.

 

[LdiJ]

What is the name of your state? IN

My ex husband has sent me a certified document notifying me of a court date (Nov 28) to emancipate our 18 year old daughter. He claims she hasn't been in school for 4 months and is no longer under my care and control. She actually is in school (full time cosmetology student) and lives near the school with a classmates parents (no rent is being paid). She graduated HS in May and couldn't get into her cosmetology class until Oct due to the Aug class being full. Do I need to respond to the information I received (doesn't state I need to in the documents)? If so, how long would I have to respond? Do I stand a chance at keeping the support as is? The thing that concerns me is that she doesn't live with me, but neither do college students who live on campus and support continues. I still provide her health insurance and pay for any needs she has.

Thank you in advance for any information provided.

This one is a bit iffy. Child support in IN goes to age 21 or emancipation, whichever comes first. Generally, being away at college does not count as being emancipated.

However, the fact that she is living with a friend's parents may throw this off some. Is she earning any money at all? How long is this program supposed to last? If its short term, will she start immediately working afterwards? Does she NEED to live at the friend's home? Could she live in your home and reasonably attend the school? The judge will probably look at those factors.

 

[bambi66]

This one is a bit iffy. Child support in IN goes to age 21 or emancipation, whichever comes first. Generally, being away at college does not count as being emancipated.

However, the fact that she is living with a friend's parents may throw this off some. Is she earning any money at all? How long is this program supposed to last? If its short term, will she start immediately working afterwards? Does she NEED to live at the friend's home? Could she live in your home and reasonably attend the school? The judge will probably look at those factors.

LdiJ - Thank you, I was hoping you would respond as I know you have quite a bit of experience with Indiana. I also know this one is iffy. He is so far behind on support right now that he would be paying past the time she's out of school even if support stops now.

She is working part time and the program is for 12-13 months. She will then need to pass the state licensing test and should be able to begin working full time by Jan. 2008. She can live at home, but it is a 45-60 min drive one way and we weren't sure if her car would make the drive 5 days a week for a year as well as gas prices. Again IMO, this isn't much different than living in a dorm in college.

Thanks again.

 

[LdiJ]

LdiJ - Thank you, I was hoping you would respond as I know you have quite a bit of experience with Indiana. I also know this one is iffy. He is so far behind on support right now that he would be paying past the time she's out of school even if support stops now.

She is working part time and the program is for 12-13 months. She will then need to pass the state licensing test and should be able to begin working full time by Jan. 2008. She can live at home, but it is a 45-60 min drive one way and we weren't sure if her car would make the drive 5 days a week for a year as well as gas prices. Again IMO, this isn't much different than living in a dorm in college.

Thanks again.

Ok...then I doubt that he is going to be able to get her emancipated. This is no different than any other other post secondary situation. However, he is going to hit on the fact that she is living in the home of a friend. You have to hammer the fact that this is in lieu of living in a dorm or apartment, since the distance is too far for reasonable commuting.

Make sure that you respond to his petition. Don't wait for the court date, get the info in front of the judge ahead of time.

 

[bambi66]

Ok...then I doubt that he is going to be able to get her emancipated. This is no different than any other other post secondary situation. However, he is going to hit on the fact that she is living in the home of a friend. You have to hammer the fact that this is in lieu of living in a dorm or apartment, since the distance is too far for reasonable commuting.

Make sure that you respond to his petition. Don't wait for the court date, get the info in front of the judge ahead of time.

Thank you for your response. Is there a time limit for me to respond? What form do I need? I just picked up the certified envelop on Saturday (10/28) and court is scheduled for Nov. 28. What information should I include in my response besides her enrollment papers showing she is enrolled? Should I get a note from the parents of her classmate regarding the living situation? Will I need to provide any proof of employment for her (paystub)?

 

[LdiJ]

Thank you for your response. Is there a time limit for me to respond? What form do I need? I just picked up the certified envelop on Saturday (10/28) and court is scheduled for Nov. 28. What information should I include in my response besides her enrollment papers showing she is enrolled? Should I get a note from the parents of her classmate regarding the living situation? Will I need to provide any proof of employment for her (paystub)?

You can use the form he sent you as a template for your response. Entitle it "Response to...." whatever his petition was entitled.

Respond to each one of the points that he made, and add any other simple explanation you need to make to clarify the situation. Include a copy of her enrollment paperwork and yes, a letter (notarized) from the friend's parents would probably be helpful.

I would get this in as soon as possible...within just a few days if possible. You will have to serve your ex, and his attorney, with copies. Take at least 4 copies with you to the courthouse, and get them all stamped.

 

[babymakesone]

Does it matter that she got this certified letter from the ex & not from the courts?

 

[bambi66]

Update

I just wanted to provide an update on my case.

I spoke with a lawyer and she informed me that since I still support my daughter 100% (with proof) and she is in school full time that the judge would not emancipate her. The lawyer did tell me that my daughter would need to go to court with me to testify that she is still supported by me (I was not comfortable with this idea). I called my daughter's father and discussed what I learned from the lawyer and he agreed to drop the emancipation request and we would do an agreed entry on a date to emancipate her once she completes school in Dec. 2007 or quits school, whichever happens first. I believe both parties are content with the outcome.