Ex husband is telling our 18 year old to emancipate herself?

Question

Ex husband is harrassing our daughter to emancepete herself so he does not have to pay support for her any more. She is staying with my mom and working, but still has to go to school and we, current husband and I, are still providing insurance on her, and food, and clothes, and all needs. This man is supposed to provide both his daughter's with insurance, which he never has, and help with school expenses and other bills. He has not paid any thing other than his support, $158 twice a month, since at least 2001 or 2002. He just called her at her job and told her to do it and he is getting a lawyer. What is your advice?

Hamilton County, Indiana

Answer 1

She is now 18 years old, emancipation is now moot. And, even if she would have emancipated herself at 17, that still does not totally wipe out his responsibility. He's a jerk. Hold him to the judgment, AND file a Motion for Contempt, take him back to court and have a judgment issued against him for all the insurance premiums your current husband has paid on his step daughter, any school expenses he has not reimbursed you for, and anything else you can find that he has not reimbursed you for. You can do this if it was ordered by the Court.

I have been working in the legal system for 20 years, and 7 years of that was in family law.. I've seen it all. I realize each state has their own civil codes, but the bottom line is if a judgment was rendered in court, it stands firm. Fight fire with fire!

EDIT NO. 1 - a lot of people have the misconception that child support stops at 18.... in some (most) cases where the child is still living with the parent and still going to school, the court will order that support continued to be paid as long as the child is in the home of the parent, and actively enrolled in school/college (usually for the reasonable 4 years of college). My daughter is 18, and her father has rolled over his support to her because she is rooming in an apt. in the town of the college she attends. It's not his obligation anymore because she is in an apartment, but its the right thing to do. Not all ex's are as**es

Answer 2

Talk 2 ur attorney about what's going on. What he fails 2 realize is that if he has arrears, it won't matter if she emancipates herself or not, he's still going 2 b responsible 2 pay any $ left on the court order. Talk 2 ur daughter and let her know that if she listens 2 her father, she won't have the extra $158 twice a month for gas, clothes and her other bills. She'll be the loser on that deal.

Answer 3

I do not know about the laws where you live, however what in the world would he need an attorney for. I can not believe he would be able to force her to get emancipated. She should let him know that if he calls her again she will file a harassment charge against him. I hope he does not tie up the already overloaded court system with this BS. Be strong, you and your husband are doing a great job providing for your family and your ex is a jerk to the fullest extent.

Answer 4

First let me say we just kind of went through the same thing. Go to a lawyer as quickly as possible..however you may be too late (depending on your state). In our case, the ex husband did not have to continue to pay for our kids through college because the divorce decree did not speculate that he do so. It said that he pay through the "minority" of the children...which means till the age of 19 in our state. I could have gone to a lawyer and filed one simple form and he would have had to pay all the way through college..but I would have had to file BEFORE our kids turned 18 because after that the courts loose jurisdiction. Had I known to go to the lawyer before the kids age of 18 then they would have the extra support..and some college costs as well...paid for. It is all in the timing.

Answer 5

If he does decide to take it to court, I say show up with the proof that he hasn't been complying with the original court order all along. He can't force her to emancipate herself. The worst he could do is try to prove that the original court order is causing him an unbearable financial burden, and request that the court adjust the amount to reflect what he currently makes. Needs to be careful tho, as this can backfire if the judge decides that he can actually contribute more.

Hope everything comes out for the best.

Answer 6

Let him get a lawyer and let him pay for everything. It costs a lot of money to go to court and if he has the money for that the court will see that he has money to help his child through school and he could get into trouble for failing to provide the insurance as well. I say let him and I would invite him to do so ....then when you go to court request from the judge that he pay for all attorney fees that you and your daughter have incurred.

Answer 7

She is 18 she should be emancipated by law, there is no need for any further legal process.

It would be the moral (and right) thing if he would continue to help support her even after she has been emancipated, but some people are scum.

Answer 8

I would be suprised if he finds a lawyer who will support this. In fact, if he takes it to court and has been inviolation of a court order to pay for her insurance, I would think he would certainly lose, and be made to pay the back insurance costs.

Answer 9

Your ex. is dumb obviously.... You can not emancipate at 18. She also can not do that with out reason. Crack heads get there babies over the other parent every day. The system is messed up. And if your a good parent that is great and nothing will happen.

Answer 10

Hmmm.....sounds like a legal question. I still hope dad wants to be part of daughter's life. I don't think he wants to be part of daughter's life. What does the word emancipate mean. It will work out.