Question:
My minor daughter has a child and is collecting welfare. Should I still be paying child support if she is collecting welfare? Is this a ground for emancipation?
Answer:
First, I must preface my answer by notifying you that I can only provide you general information on the laws in the state I am licensed to practice in (Missouri).
You may request that your child support payments be suspended by alleging that your child is emancipated, though you must be able to prove emancipation.
This is evidenced by whether your daughter lives on her own and is able to support herself. I understand that she receives welfare, and I suspect that she receives that money for the support of her child and not herself. If she is not living with you or her mother and is supporting herself financially, then you have an argument that she is emancipated.
Please understand that my opinions are based upon the limited facts that you provided to me. For a more in depth discussion of your legal rights in your jurisdiction, I urge you to contact a family law attorney immediately.
Cordell & Cordell has well qualified and experienced men’s divorce lawyers nationwide if you require additional legal assistance.
Michelle Hughes is an Associate Attorney in the Jefferson County, Missouri office of Cordell & Cordell where she practices domestic relations exclusively. Ms. Hughes is licensed in the states of Missouri and Illinois, and the United States District Court for the Eastern District of Missouri. A native to metro St. Louis, Ms. Hughes received her BBA in Economics and Finances from McKendree College. She later received her Juris Doctor from Thomas Cooley Law School where she graduated cum laude.
