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mmdesq
mmdesq, Family Law Attorney
Category: Family Law
Satisfied Customers: 472
Experience:  Attorney with 13 years experience.
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My Husband's children reside in MN with their mother, we

Customer Question

My Husband's children reside in MN with their mother, we live in VA. My husband's oldest son just turned 18 Sept 5th and now is emancipated as of Oct1. He dropped out of high school this year and failed the 10th grade two times. He is talking about getting a GED but is currently just home at his mother's place not in school or working. His mother just was diagnosed with breast cancer and will get a mastectomy soon, possibly treatment. She works a very low paying job and relies on the child support to live. Will the fact that she has an illness affect my husband's request to adjust child support due to his son turning 18? Is getting a GED at some point considered being in school? What we are trying to figure out is if her medical condition has any bearing on the child support change, and will getting a GED count as keeping him a student, thus he would remain in child support. He has been emancipated for sure Oct 1, 2015
Thank you
Mariam Mortenson
Submitted: 1 year ago.
Category: Family Law
Expert:  mmdesq replied 1 year ago.

Good Afternoon,

I will try to best answer your question.

In order to be emancipated you need to be both 18 and graduated from high school. It is possible to continue receiving child support beyond age 18 if you are homeschooled or actively pursuing a GED. The key issue in your situation is going to be proving that your husband son is not actively pursuing his GED, but instead simply delaying emancipation to continue receiving child support beyond age 18. I would recommend requesting from sons high school a copy of his transcript and records in order to show his performance. I would also recommend filing for discovery in the support action against mother for all records from the GED program regarding his progress, performance level,. I would recommend requesting from sons high school copy of his transcript and records in order to show his performance. I would also recommend filing for discovery in the support action against mother for all records from the g e d programs regarding his progress, performance level, and current status. This is probably going to be the best way to show that he's merely pursuing the GED on paper but not in reality.

Mother's health condition and aledged diagnosis are not reasons to delay emancipation determination.

I hope this information is helpful and I wish you the best of luck.

Customer: replied 1 year ago.
As I mentioned he was emancipated as of Oct 1, can this be reversed?
Expert:  mmdesq replied 1 year ago.

No it can not. I just want to make sure its clear that simply turn 18 by itself does not automatically equal emancipation. If he was not enrolled in high school or a GED program and he turned 18 that it would be automatic emancipation. Definitely no retroactive emancipation

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