SD22 and im confused what emmancipation means
SD moved out of BMs house 4isj months ago. We filed for emancipation in July. Seemed to have everything nailed down in court.
Bm drug her feet for 1.5 in signing, her attorney screwed up the paperwork.
But can someone explain at what point child support is changed?
The time of filing
The time the original court hearing
The time of the judge signing
We are under the understanding it is retroactive to the time we filed.
Does emancipation mean that you can still be court ordered to provide for kids? Bm is wanting it court ordered that dh provides health insurance and is.demanding that we put no restrictions.
I really am sick and tired of hearing how bad my husband is as a father. It's crazy what she says.
We now go back to court in Oct or possibly Dec. And bm thinks a judge is going to award that she gets to keep up to 6 months of support for a kid that is over 21!,
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What state? That's crazy. If
What state? That's crazy. If she moved out 4 months ago, why hasn't CS stopped? Is she going to school? Are you required to pay for that?
Indiana. They just changed
Indiana. They just changed their laws that emancipation age is 19. It used to be 21.
She Flunked fall classes because she was working full time. Has not been in school since. Education order was terminated when SD moved in with bm instead of the dorms. She had a full tuition scholarsship she blew. We filed 2 weeks after SD moved out.
We could have emancipated her in Jan as she was working in a job that could have been self supporting making 15-16k a year. Would have been tough but Doable. In addition she had insurance she should have picked up.
She quit that job and has barely been working!
Which is exactly what we did
Which is exactly what we did and BM thee a bloody fit saying she will not tolerate him dictating or putting strings to determine if he will provide insurance. He is a bully and controlling
Wow, your BM sounds like a
Wow, your BM sounds like a real gem. So, what are you supposed to sit back and watch your SD rack up costs that your DH is responsible for? That is not fair. Like I said below, if we were in this situation, my DH's kids would be running to the doctor all the time. They are the kind that go to the ER for a sore throat. They would never pay a copay or uncovered cost (they don't work and they feel that they should only pay for things that are fun), and they lie so much, that I could see them having a ton of tests that are not needed bc they exaggerated symptoms. BM would happily take them to the doctor out of pure spite.
This new law is confusing.
This new law is confusing. DH did not keep his son on his insurance and BM did not even ask-we just ended CS for the son. The other 2 kids are older, and it was not an issue.
I think your advice about ordering the SD to pay for all copays, other costs, etc. is EXCELLENT!!!!!!! That is what bugs me about this law-I can tell you, if my DH's kids were still on DH's insurance, they would NOT pay copays or additional costs. I am sure of it, especially since they do not work and are horrible to DH. They would be running to the doctor for everything and out of spite, and bc they are drama kings and a queen.
I honestly think my sk act
I honestly think my sk act the way bm taught them.
SD pays for her Dr bills, but the Rx plan is tied to our checking account. When SD moved out dh said your a big girl now and will need to pay your own Rx, the invoice comes with the Rx.
She paid a 200.00 Dr bill but is playing dumb regarding her meds!
I'm printing out the invoices and showing that everything paid for came out of our account.
I'm tired of the drama, the demanding psycho babble. Of dh gives her exactly what she wants she is just fine
Don't force visitation
Pay CS
Pay extras when asked
Don't ask her for anything
I would die if we had to pay
I would die if we had to pay child support any longer than 18. We have to pay until the kids turn 18 or graduates high school, whichever occurs last. I think age 21 is a bit ridiculous! I think every state is probably different, I would say that it would take affect after the judge signs off on it. I could be wrong though. Good luck with that, sounds like the BM is nuts!
We had CS formally ended a
We had CS formally ended a few weeks ago. We had to file "a motion for emancipation." I always thought emancipation meant the child was completely independent from his/her parents?????
We could not file the motion until the kid graduated in June-at age 19, finally. The court date had to be about a month after we filed, since we served BM with papers and she was allowed to have time to fight it.
(***Get this, if the "kid" suddenly decides he wants to go to school soon, BM can file to have CS reactivated or whatever you call it. The kid has no ambition and spends his days smoking pot, eating, sleeping and playing video games, but if he simply enrolls in school, DH has to start paying CS again).
The emancipation hearing was 5 weeks after DH's son graduated from high school. The judge signed, and put the order in that day, but they are still garnishing my DH's checks-the money is not going to BM, it is going into an account and DH will be refunded. To the best of my calculations, BM got about 2-3 weeks of CS after the kid graduated. It was made retro to the graduation date. The key is, you HAVE to file as soon as possible, once it is ok to file. DH could theoretically go after BM for those weeks, but will not, bc she has no money and it would cost him more to go to court.
It will depend on your state, as to how they decide when the CS officially stopped, but I can see that your BM may be able to "keep" money that was previously paid (depending on when she got it and when the termination of CS was official).
I do not know if your DH can be forced to pay for health insurance, but I know that has happened. There is a lady on here whose DH was ordered to pay.
So what does emanicaption
So what does emanicaption exactly mean? So sorry to sound dumb....
It is not dumb!!!!! It can
It is not dumb!!!!! It can be EXTREMELY confusing. In my state, emancipation means the "child has reached 18 OR he/she is financially independent." 18 may not be considered independent, so if a kid wants to go to college for 4 years, CS can be ordered for those 4 years. It entirely depends on your state and circumstances, though.
oh Geez.....Thanks for
oh Geez.....Thanks for answering
No problem. It is
No problem. It is mind-boggling, huh?
Child support after the age
Child support after the age of majority is the most ridiculous thing I have ever heard of. At age 22 I had already done nearly 5 years on active duty and paid for and completed almost half of my undergrad degree. It is so ridiculous and a reason why our kiddults cannot function until the age of 30.
Does anyone have experience
Does anyone have experience with whether or not the CS payment would go down if the child is not emancipated due to being enrolled in college? If find it absolutely infuriating that we would have to continue to pay BM, while paying for college. My parents were NOT required to pay for my college and certainly NOT required to pay for my living expenses once I hit 18. They helped me out, and taught me how to be independent at the same time. What is this teaching children of divorce. They are just creating more entitlement and a generation of kids that expect handouts. We have years before we even have to worry about this, but knowing it's 4 years less would make me feel a little better. How can we not resent these skids and BM's when they take so much from us. Our state has emancipation at age 23 if child, I mean adult, is in college. It should be called ADULT support.
I can speak only for myself,
I can speak only for myself, but in our case, the amount of DH's CS would have stayed the same, had he been forced to pay if the "kid" had gone to college. I was half expecting BM to enroll the kid, just to delay the termination of CS, but being that she and the kid are incredibly lazy and she and the kid have no motivation, and the fact he barely passed high school, she did not go that route. If she had, DH would have asked to see proof of the college/school and he would have been able to monitor grades and attendance. We would have had more lawyer fees, which we cannot afford. The problem is, it is apparently hard to get CS terminated once they start college, so we are very lucky BM and the kid did not "fake enroll," which is apparently a ploy used to "stall" emancipation. BUT...We are not totally clear yet, bc BM can decide to make the kid enroll and then she can re-apply for CS and it will be granted upon proof of enrollment. :O
I don't understand, either. I paid for my BA through scholarships and grants, and I know so many people in debt from their degrees. I worked full-time all through college, too. I have a ton of debt from my Master's degree.
Your state's rules are really the best guide, but even then, it can be different in different situations. I know of people who were forced to pay for college bc they made VERY high salaries. I think that makes a big difference. There is no way in this world my DH could afford to pay for college, and 4 more years of supporting BM is not pleasant to even think about. Hopefully, DH is done.
In our case cs went down, IF
In our case cs went down, IF SD was living in the dorms.
Our educational order took into account, tuition, room/board, books, AND a living allowance!
SD received a grant/scholarship to pay tuition. That was "her portion"
Dh provided 140 a month living, 57% of books and room and board
And since SD lived with bm for 3 mo out of the year we paid cs for that portion year around
When SD lived with BM and went to college our support returned to normal figures.
That's what I was afraid of.
That's what I was afraid of. Our BM is a helicopter Mom and will definitely encourage SD to live at home while enrolled in college. BM didn't live at school, and it took her over 5 years to complete. I can see the same thing happening with SD. I think it's totally ridiculous and discriminatory to make divorced parents pay for kids after age 18 - never mind force them to pay for college. We would likely pay or contribute anyway, but being forced and/or having to hand over money to our BM is beyond crazy.