Legal Question in Family Law in Missouri
My child is 18. He graduates high-school in May. He lives with his father, and I pay him child support. My son has given me two scenarios as to his plans after graduation:
1. He says he is going to move in with a friend's parents while attending college. If this happens, can I terminate support to dad? If not, can I pay my son directly, and what kind of form would I use? Would the friend's parents be entitled to support from me and/or my son's father?
2. Ideally, he wants to share an apartment and living expenses with a friend while attending college. Would he be considered emancipated by doing this?
Also, my court order excludes college expenses. Neither his father nor I are responsible for his education. Does that include child support while he is in college?
1 Answer from Attorneys
Attendance as full time college student (even if they get their own aprtment) is not deemed emancipation for purposes of chidl support. If he starts workign ull time and only taking a class here of ther, you may be succcessful terminating yoru support obligation. As to the Order not requiring college expenses, the Order probalby only relates to one spouse reimbursing the other. If your Son applies for federal finacial aid, your asets may also be taken into account, in order to determine his eligibility for loans and grants.
You were not able to provide acopy of your Support Order through this forum, and the response is general, abased upon yoru general query. You may need specific advice. Perhaps you should call the attorney that represnted you when the order was issued or last modified. It may save you money in getting advice specific to your situation.
Good luck
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