Legal Question in Family Law in Missouri
Child Support
I have an 18 year old daughter who has not lived with her mother(custodial parent) since she was 16. She claimed she was in high school, so I continued to pay child support. Recently I discovered that she was not in school. I rec'd documentation from the school showing she had not attended since Oct 2008. I filed for a motion to stop child support. Today when I called the courts they said she filed an avidavit saying she was homeschooled to get her high school diploma. I know she is not. She lives in a different state then her mother with a 22 yr old boyfriend. The lady at the courthouse said that there is no way to prove she is not homeschooled and I have to continue support. The state has no regulations on homeschooling and that I can not prove she is not home schooled so my support will likely continue. How long does she have to get her diploma if she is homeschooled? What recourse do I have knowing that she is manipulating the system? Is there a way to prove she is not currently in a home school program that the courts will accept?
2 Answers from Attorneys
Re: Child Support
Hire an attorney.
Re: Child Support
Instead of asking the three specific questions you post, I am going to try to respond to what I believe you are actually asking, or needing to know.
Your child support obligation for your daughter normally would end either with her 18th birthday, or when her class graduated from HS, whichever was later. If she turned 18 in November, that would mean it would end this May or June when her class graduated, but this would only apply if she was in fact either in school or being properly homeschooled under state guidelines for homeschooling.
If in fact she is no longer living at home and is living in another state with her boyfriend, that would constitute emancipation and would also be a basis for ending your child support obligation.
Unfortunately, until there is a court order, the obligation is still there. You need to file a Petition to Modify, based on the facts you have addressed, get the matter before the court and have the judge decide it. And as soon as you file the Petition to Modify you need to file a motion asking the Court to temporarily suspend your child support obligation until the full matter is decided.
There are plenty of ways to prove the truth of the matters you set out in your question, but you will likely need an attorney to do so.
Call if you have any further questions.
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