I live in Indiana and I just found out that my son who turned 19 in the end of September 2016 just started college. Can I have him emcepate? He still lives with his mother but they have not told me or showed me any paperwork of cost of college.
At age 18, your son is considered an adult. He does not have to be emancipated. Your divorce judgment should control support and responsibilities.
Your son is already emancipated. You will need to consult with an attorney about what obligations, if any, you have regarding college.
If your son is 19 years of age he is already considered to be emancipated. If you had a previously established order for child support in place, you should review it to determine if there are any orders regarding support for college or post high school education. If not and you are still uncertain, consult with an attorney.
I am a licensed Indiana attorney. Any information given here is intended as general information and not legal advice. I am not familiar with the particular laws of every state. You should consult with an attorney licensed in your state or appropriate jurisdiction for legal advice. Any advice given here is not intended to form an attorney-client privilege and should not be considered such.
An attorney can file a Petition to have him declared emancipated if you are still paying child support via an income withholding order. Depending on when your child support order was entered there are timing issues to address college contribution. It may be waived my mother and if may not be if your order was entered before the recent statute. Consult with an attorney.
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