Legal Question in Family Law in Iowa

Re: Emancipated adult

I do not practice in your state, and your state law might vary from mine. With that warning in mind, here are some comments to your questions:

Since you already have a support order in place, you cannot simply stop paying support unless you can meet the requirements of the order. You said your order requires you to pay support until your son is 18 or graduates high school. But, if he qualifies under 598.1(2), you must continue support until he reaches 22. (Your Section 598 differs from my state. I presume that means if your son continues to college, your support continues.) You can't just stop paying; you must file a motion to modify support.

You raise two other issues: emancipation and where the money goes. The only person who can petition the court for emancipation is the minor himself. That's not an option open to you.

The second issue you raise is that the money isn't going where you would like it to go. Bluntly put, you don't get a choice. In my state, the residential parent can deposit child support into the �general fund� and is not required to account to anybody where the money goes. The state assumes that it's spent for the general support of the child -- housing, food, clothing, and whatever else contributes to the child's lifestyle. If you think the residential parent is spending it on alcohol or drugs, you have to prove it and make a case that the child's needs aren't being met and it's necessary to direct the support money differently.