My daughter no longer lives at home and is working (she’s 19) how do I go about trying to end child support?
4 attorney answers
You will not succeed in terminating support simply merely because you believe your child is living alone and working. In these proceedings, the burden is on you to prove the child is on her own. This means getting a certified copy of the child's lease, certified copies of her employment agreement and certified copies of her paystubs.
The court will not help you get these. You'll need a lawyer's assistance, and even then, you may fail. The recipient/custodial parent will come to court screaming that she still supports the child. That will cause your petition to be dismissed and you order of support continued. Indeed, the fact that the child lives elsewhere is not dispositive of the child's no longer needing to be supported. To the contrary, the child may need more support.
See why people call this "mommy money?"
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MY colleague is correct, you need to file a petition in family court and demonstrate to the court that your daughter is emancipated. I would not try this on your own, hire an experienced family law attorney.
If your daughter is no longer living with the custodial parent, is over the age of 18, is working full time and supporting herself, you should file a petition in your local Family Court seeking an order terminating the order of child support due to the emancipation of the child. In the meanwhile, try and gather as much documentation as you can proving your case. If your relationship with your daughter is good, she may cooperate with you.. Consult with experienced counsel, as your petition will likely be opposed by the custodial parent and a hearing may be necessary.
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You need to file a petition to modify child support in Family Court and allege that your daughter is emancipated. If you need assistance doing that, you should consult with a local attorney.