Legal Question in Juvenile Dependency in Nebraska
Parent has eighteen year old move out
Can a custodial parent tell eighteen year old child, they can no longer live with the child and essentially throw child out, and still continue to received child support until the child is 19? What are they responsible to provide?
The custodial parent has done the following:
Told the child to take what could be carried and leave(dropped at the non custodial parents home by friend)
Required child to purchase car insurance in order to take possession of car(custodial parent cosigned loan)
Find other means of financing the car(to remove the obligation of cosigning)
Contacted school to make child responsible to pay for graduation costs (items ordered by the parent)
Contacted Cell phone carrier to have name removed from account on cell phone.
Childs health insurance is carried by noncustodial parent per divorce decree.
The non custodial parent is prepared and willing to take child in, however in order to finish high school this is not logistically possible. Childs step grandparent has generously offered to house the child thru the end of the school year and graduation (May) The child has already made plans to start community college in July, obtain a job and move the city were non custodial parent lives.
1 Answer from Attorneys
Re: Parent has eighteen year old move out
You need to look at the terms of your decree to determine what happens. Usually, support ends when a child is emancipated, marries or dies. If the child is forced to leave home by the former custodial parent, and they stop providing support for the child, the child is emanicpated and support should stop. It is best if the non custodial parent applies to the court for an order terminating support because of emancipation, because without an order or the passing of the child's 19th birthday, support will continue to accrue. It is also possible for the other parent to ask to modify the decree so that they are made the custodial parent, and seek child support from the previous custodial parent, if the child is not yet 19. Sometimes the parties agree that child support will continue past the age of 19 or the court may order it to continue in the case of a child with special needs. Check your decree and speak with an experienced family law attorney in your area for specific advice on the facts in your case, this is merely a general description of the law. Good luck.
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