Legal Question in Family Law in Minnesota

My daughter is 20 years old, capable of being self-supporting, (she'll have a job in April or May), out of high school, and living three out of four weeks with me. Does that qualify as "emancipated"? Our divorce papers specify that support continue as long as she is in the care of the "petitioner", (my ex-wife), but I feel that my daughter is under my care since she is with me well over half the timenow, and has been for the last four months. And the papers state that the requirements are over when she is emancipated, joins the Armed Forces, or gets married.

Do I have a case?

Thanks,

Andy


Asked on 3/26/10, 9:59 am

1 Answer from Attorneys
Maury Beaulier612.240.8005 Minnesota Lawyers

Your issue is an interesting one. The court cannot continue child suport beyond the age of 18 and graduation from high school unless the child is disabled. The language in your decree is unusual and, I assume, was a product of negotiation. As a result, the precise language and its context must be reviewed. Certainly, it would appear that your daughter is capable of emancipation, the question is whether she is, in fact, emanicipated. Based on my reading of the law, that would appear to be the case based on her age alone. That term may have been porrly chosen at the time of the divorce, but it would seem favorable to you presently.

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Answered on 3/31/10, 10:11 am


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