Q: Do I still need to Emancipate my daughter and go through a court proceeding to do so?
My 18 year old daughter moved from Nebraska, where she is considered a minor at age 18, to Kentucky, where she is considered an adult, do I still need to go through court proceedings to emancipate her in order to stop paying child support on her? Neither her mother, nor I support her monetarily. She is mostly supported by her boyfriend, and she said she will be getting a job.
A: Check your child support order. Most include the language that child support continues until the minor child attains the age of majority, dies, marries, joins the military or is "otherwise no longer dependent upon the parents for support". You should be able to file a quick Complaint to Modify or Motion to Terminate Child Support to end support payments to the other parent if child is not being financially supported by either of you. Your best bet would be to do this through an attorney to ensure it happens quickly. Best wishes!
A: If your goal is to stop the child support, you probably don't need an emancipation action, but you will need a court order to terminate the child support order before the child turns 19 year old. If the other party is willing to work with you, you may be able to do this with a stipulated order without needing a hearing. If the other party objects, you will likely need to have this request set for hearing and it will be up to the judge whether to terminate the child support based on your factors or not. If the money isn't being used to support the child, the judge may likely agree with you that the child support should be terminated.
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