Ask A Divorce Lawyer: Does moving out equal emancipation for my children?

Question: 

My stepdaughters have moved out of the house because they refuse to follow basic household rules. The girls are 18 and 21 years old. Both now reside with my husband’s parents. My husband’s parents (who constantly interfere and allow the kids to do whatever they want to do) are now suing for child support. The letter from his parents’ lawyer states that since the girls are both attending college, the law obligates my husband to pay child support.

Is he obligated to pay if his girls moved out on their own free will? Does moving out equal emancipation?

 

 

 

Answer:

First, I must state that I am not licensed in Missouri, although Cordell & Cordell, P.C. has attorney’s who are licensed and located in Missouri and would be happy to discuss your case with you. In states that allow child support to continue after a child has reached the age of eighteen there are usually factors that go into that order, such as attendance in college and even grade requirements.

 

There are other factors that the Court may consider in this situation, such as whether the children’s grandparents have standing to seek child support and the children choosing to leave your home and live with the grandparents. An attorney in your jurisdiction can provide more specific answers to your questions.

 

Jason Bowman is an attorney in the Louisville, Kentucky office of Cordell & Cordell, P.C. He is licensed in the states of Kentucky and Texas. He received his Bachelor of Science in Business from the University of Louisville, and received his Juris Doctor from Texas Wesleyan University.

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