Legal Question in Family Law in Texas

Emancipation and Child Support

My step daughter is 17. She was to graduate high school in May of this year (3 months), In the first of Jan. she moved out of her mother's home and to Ohio to live with ''Friends''. She was arrested for credit card abuse in Ohio 3 days ago. The divorce decree says the usual about child support to be paid until 18, marries, dies, etc....or so otherwise emancipated. Is this considered ''Emancipated?'' We don't know how long she will be in jail, but she won't be living with her mother. Is it a safe bet that we don't have to pay her mother as long as she is not living with her? Obviously we have a paper trail (arrest and jail in Ohio) to prove she was not in her mother's custody.


Asked on 2/12/01, 4:25 pm

1 Answer from Attorneys
James Grissom Law Office of James P. Grissom

Re: Emancipation and Child Support

Emancipated means living on her own with no support from her mother i.e. married or in the military. Since she was a runaway, you would have to prove "emancipated". YOu can do this in a motion to modify child support. It is risky to abandon payments without an order of the court. See an attorney in your area to assist you in this matter.

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Answered on 3/27/01, 10:46 am


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