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child support

bronxmom's picture

Submitted by bronxmom on Tue, 11/22/2011 - 8:34am

Forums: 
Family Court

I don't know if anyone has the answer to this question. My bf's daughter turned 21 in summer. She was enrolled in college this semester (Fall) with 12 credits. She says she was "stressed out and failing" so she dropped one of the classes. She is taking next semester off because she is "stressed out" and therefore if she does she will then be considered emancipated because she has turned 21 and is not in school full time contiuously. BM is taking bf to court on this and he is wondering if they will say that since she started out full time in the Fall and then dropped a class will SD be considered emancipated as of the Fall semester. In which case he would then have to pay back the child support he received during that semester. Does anyone know if a child starts our full time and then drops a class are then then considered emancipated?

Thanks for any info that anyone can provide.

B22S22's picture

Submitted by B22S22 on Tue, 11/22/2011 - 8:42am

I know in my state (which is also 21 -- UGH) one of the criteria for "emancipation" is graduation from high school and NOT enrolled in college for at least 4 months. Or something to that effect. There is actually a whole list of ways a child is considered emancipated. I'd get on your state's website and see what it says.

Jsmom's picture

Submitted by Jsmom on Tue, 11/22/2011 - 9:50am

I read these and I am thankful that we CS here stops at 18 and no one is responsible for college except the kid. I love GA....

Sounds to me like she emancipated herself, so make sure you pursue stopping the CS.

liks's picture

Submitted by liks on Tue, 11/22/2011 - 12:51pm

yeap same here...but attorney was saying the other day its changing soon as most states are trying to bring in the 21 college tuition fees CS ....

hope my horrors turn 18 before this crap is brought in.

z3girl's picture

Submitted by z3girl on Tue, 11/22/2011 - 12:24pm

I doubt he'd have to pay back any of the child support received. I know that when we're hoping for SD20 to become emancipated when she graduates college, DH is going to start the ball rolling after the final tuition bill because it won't actually end til it goes through court, which could end up after she graduates. So in your case, she might end up emancipated, but not until it's official in court.

Not only that, but if she decides to go back to school, she may be eligible for support again. I know in NJ, if they decide to take a break from school, but ultimately go back, the cs could start up all over again.

Dannee's picture

Submitted by Dannee on Sat, 12/03/2011 - 11:01pm

What is written in the divorce agreement or the court order???

In mine it states everything with college...