Divorce Question About Missouri Child Support Emancipation Laws:
I am still paying child support for my oldest son who is 20, a high school graduate, and works a full-time job. He is not planning on attending college and currently lives with my ex-wife.
Is it because he still lives with his mother that I'm paying support? I don't think I should still be paying child support considering the circumstances. What is the age of emancipation in Missouri?
Answer From Cordell & Cordell Missouri Divorce Lawyer Brittany Brown:
I am unable to give you legal advice on divorce. I can give general divorce help for men, though, my knowledge is based on Missouri child support laws where I am licensed to practice.
In Missouri, pursuant to Revised Missouri Statute 452.340.3, child support payments generally terminate when a minor child reaches age 18. However, the statute also states that child support shall continue even if the child is 18 provided that the child is enrolled in and attending high school or any other secondary school program.
Thus, if a child is enrolled in high school and continues to progress towards the completion of their degree, child support is to continue until the child either completes the program or reaches age 21, whichever occurs first.
Additionally, pursuant to the above-referenced statute, if the child enrolls in college or any other form of higher education, no later than the first day of October following graduation from high school, child support will generally continue until the completion of the program or the child's 21st birthday, whichever occurs first.
Further, pursuant to statute, child support may terminate when the child becomes self-supporting, if that happens before the ages listed above.
Applying this statute to your case, since your son is working full-time he may be deemed to be self-supporting and child support should terminate. Additionally, since your son has graduated from high school and has not enrolled in higher education, your child support should terminate pursuant to the statute.
Remember, I am unable to provide you with anything more than divorce tips for men, so please consult with a divorce lawyer in your jurisdiction.
To arrange an initial consultation to discuss divorce rights for men with a Cordell & Cordell attorney, including St. Louis Divorce Lawyer Brittany Brown, contact Cordell & Cordell.
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