Check the original judgment/order; generally the defination of emancipation will be included in the separation. It certainly sounds like your daughter is emancipated. Good Luck.
Legal disclaimer: The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of Massachusetts. Responses are based solely on Massachusetts law unless stated otherwise.
But you cannot just stop paying if there is a court Order. You will need to formally move to emancipate her complete with service on the other side that your doing do. If you require asssitance, please contact my office for an appointment.
If an Order exists requiring you to pay child support you cannot just stop paying child support. You must first secure an Order declaring your child emancipated and officially terminating any and all obligation you may have to pay child support. If the child's other parent will cooperate with you this can be accomplished by filing a Consent Order with the court. In the even the other party will not cooperate with you, you must file a Motion (following proper procedure and guidelines) to secure the relief it appears that you are entitled to.
Kenneth A. White, Esq.
New Jersey Family Law Attorney
The Answer provided was based on the limited information provided, and represents information based on the law in general, not a legal opinion that can be relied upon. Before a formal legal opinion can be offered I would need an opportunity to review all possible relevant facts and circumstances. You cannot rely on the advice of an attorney given over the internet. The exact facts of your sitaution, including facts which you have not mentioned in your question, may completely change the opinion that is being offered. Please be aware that the above comments are neither protected by attorney-client privilege, nor may the same be the basis for a malpractice lawsuit.
The facts in your case appear to show that your daughter can be emancipated. Your Property Settlement Agreement should state that your daughter can be emancipated as of the age of eighteen (18) if she isn't attending college full-time and working full-time. However, if you cannot get your ex-wife to sign a Consent Order, make sure you have actual proof before filing a Motion. A Judge will want confirmation she isn't a full-time student and is working full-time. If you have any other questions, do not hesitate to contact my office.
Based on the information you have provided above, it appears that it may be appropriate to file a Motion to emancipate your daughter and terminate your child support oblgiation. You cannot simply stop paying, but must get a Court Order terminating your obligation. There are certain circumstances in which emancipation would not be appropriate, but it is difficult to ascertain whether that is the case here. Please consider consulting with an experienced Family Law attorney regarding the specific facts and circumstances involved in your matter. The articles found at the link below may also provide some additional helpful information. Best of luck to you!
The information provided is not, nor is it intended to be, legal advice. This information is designed for general information only. You should consult an attorney for advice regarding your specific situation. We invite you to contact us and welcome your calls, letters and emails. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.