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sdad73

When is a child self supporting?

6 posts in this topic

Went through a modification my ex wife was not happy. Now my kids are not talking to me. My son will be 20 this year and I think in college but I have not seen classes or grades. On top of this he had a baby and was ordered to paid child support to the mother. Should I still be paying child support? My daughter has been changing her last name of school events like track and marching band. Can her name be changed without my permission?

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1 hour ago, sdad73 said:

Should I still be paying child support?

 

We have no conceivable way of knowing based on the info provided.  For starters, what does your divorce decree/child support order say?  According to this article, child support typically ends when the child has both reached the age of 18 and obtained a high school diploma.  However, if the child enrolls in "an institution of vocational or higher education" by October 1, the child support obligation continues as long as the child remains a full-time student, until the child completes his education or turns 21.  Exceptions also apply for disabled children.

 

In light of your son's age, the fact that he has fathered a child, and your uncertainty about his education status (although I would think this could be resolved by simply speaking with your ex), I would strongly suggest you consult with a local family law attorney.

 

 

2 hours ago, sdad73 said:

My daughter has been changing her last name of school events like track and marching band. Can her name be changed without my permission?

 

I don't know what "changing her last name of school events" means.  Your daughter's legal name cannot be changed without a court order, which requires notice to or consent by you.

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When did you modify the agreement? How was it modified? As your son is an adult, you are not entitled to see his grades, whether or not you are paying support or tuition. Certainly you can impose parental consequences if he does not comply with your wishes, just as you could if he fails to do anything else you ask, but as a matter of law, once he turns 18, your entitlement to access ceases.

 

Your daughter can't change her legal name but if she wants to change what she is called in school, and the school agrees, that is allowed. It is no different than if she suddenly decided she wanted to use a different nickname or go by her middle name.

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The ex wife does not talk to me either after the modification. Is there a form that I can fill out to request proof of higher education.

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A form? No. There is no general form to request basic information about one's adult children. You haven't shared when this modification happened, why, or what was modified, nor what your order says regarding any of these things. It can be written into an order that your ex must provide you with certain information, such as the children's school enrollment, but we have no way of knowing if yours says that or not.

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1 hour ago, sdad73 said:

Is there a form that I can fill out to request proof of higher education.

 

I doubt it, but, as far as I know, no one from Missouri (much less any family law attorneys from Missouri) follows these boards on a regular basis.  The appropriate thing to do at this point probably would be to put a request for the relevant information in writing to your ex.  If you get no response, then you probably should seek a court order terminating the support obligation as to the older child based on the child's age.  If your ex wants to oppose it, then she'll have to come forward with evidence that the child is still pursing higher education.

 

I also suspect that Missouri law makes some sort of provision for discovery in connection with child support matters.  I strongly suggest you consult with a local family law attorney so you do everything correctly.

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