Child support/emancipation

[chickenboo]

Dear Socrateaser:

Long time reader, first time writer!

My oldest son (age 19) has moved from the custodial parent's home and is employed full-time, which meets the requirements for emancipation in our state, Mississippi.

My court order does not account for this.  I am ordered to pay a flat dollar amount for 2 children until they are emancipated, but the legal age of emancipation in our state is 21.  

1.  Since he emancipated himself before he was "of age", am I entitled to a reduction in child support?

2.  What do I do now?  Do I have to go back to court?

Hope you can help!

Chickenboo

[socrateaser]

>Long time reader, first time writer!

I'm not Tom Lykis. I'm hotter looking, but he has a lot more money.

>1.  Since he emancipated himself before he was "of age", am I
>entitled to a reduction in child support?

I would need to read the exact text of your court order to give you an answer.

>
>2.  What do I do now?  Do I have to go back to court?

You will have to file a motion to terminate support on grounds that the child is emancipated according to law. But, once again, your court order will control, especially if it was stipulated to by yourself and the other parent, rather than ordered by the court after trial.

[Kitty C.]

.......here I thought it was Mr. Obvious from the Bob and Tom Show!  ;-)

[chickenboo]

Soc,

Here is the exact text:

"(I) shall pay child support it the amount of ($$) until a) both children attain the age of twenty-one years b) marry c) discontinue full time enrollment in school and obtain full time employment prior to obtaining the age of twenty-one years; or d) volutarily 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 years."

It also reads:

"The Decree of Divorce may not be modified to decrease the duration upon which (I am) obligated to pay child support to (BM) for the support of (Child #1) and (Child #2)"

I was not present when this order was signed by the judge - my attorney was there and signed it (I live in another state).   Many of the things he assured me would be included are not.  I was completely screwed by the system, my ex, and my own attorney that I was paying to represent my best interests.

What do you think - do I stand a chance?  (It doesn't look good to me, but I have a very negative view of the whole process now.)

Thanks again -

Chickenboo

[lissa68]

Melissa(lissa68)


Do you think he knows Bob and Tom?  Are they syndicated?  I thought only Iowans were entitled to their priveledged humor  lol



Bob and Tom, they rule  lol


Lissa

[MixedBag]

File based on "c" and "d".  You'll have to ask the court to adjust your CS based on one child.

[smtotwo]

They are out of Indiana I think.  
I'm in northern Wisconsin and listen as often as I can.