My daughter is over the age of 18, has graduated from high school, has a self-support job, and is not enrolled in college.
I am filing for termination of child support based on these facts. The termination paperwork states I need to show proof of her emancipation.
What type of proof do I need?
I am not licensed to practice law in your state so I cannot offer legal advice on divorce. However, I can give you general divorce help for men that may be useful to you.
The proof required for emancipation can often be confusing. As I do not know all of the facts of your case, I can only speak in generalities.
In order for your daughter to become emancipated in the State of Indiana (where I practice), the Court must find three things: (1) that she is at least 18 years of age; (2) that since she graduated, she has not attended school for the prior four months; and (3) that she is supporting herself or is capable of supporting herself through employment.
Usually, demonstrating the child’s age is not difficult. This can be established by listing her date of birth in your pleading and/or through testimony at the hearing.
Next, demonstrating that she has not been in school since she graduated can be established through testimony of you, her mother, and/or your daughter.
You would need testimony as to the date of her graduation from her school, the fact that she is not enrolled in school currently, and that she has not been enrolled in school for the last four months.
If you have a copy, you could also submit a copy of your daughter’s graduation certificate demonstrating when she graduated.
Finally, as to proving that she is supporting herself or is capable of supporting herself, you would either testify or have her testify as to the fact that she is currently working and have her state how much she is currently earning.
Although, it appears straightforward, the court can find that your daughter is not capable of supporting herself through employment.
One of the questions that the court often asks is where the daughter is living. If she is still residing with her mother, than the court can find that she is not earning enough to support herself through employment and may only modify your child support amount.
Additionally, if there are any arguments that your daughter is in any way incapacitated, than the court can find that she is not emancipated and order child support indefinitely.
I would recommend that you contact a local attorney to discuss divorce rights for men.
Cordell & Cordell has mens divorce lawyers located nationwide. To arrange an initial consultation with a Cordell & Cordell attorney, including Rachel S. Sadovsky, an Associate Attorney in the Indianapolis, Indiana, office, please contact Cordell & Cordell.