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    Roxx41's Avatar
    Roxx41 Posts: 2, Reputation: 1
    New Member

    Nov 3, 2008, 08:24 AM
    How to prove child is emancipated,so I can stop paying child support?
    I have an 18 year old child who graduated in june08.I was told by judge because of new (mass.)law I have to prove she's emancipated, in order to stop child support.She supposedly lives with her mom .doesnt go to school.I can't find any info,because she's 18(privacy laws).On court order it says I pay until 21,because her birthday was in middle of school year.her mom just sitting back collecting,(even though I'm sure my child is actually living with boyfriend)not having to prove anything.I think burden of proof should go to person that wants support... prove they need it.Any suggestions on getting proof?
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man

    Nov 3, 2008, 08:36 AM

    Does the order say until 21 or emancipated or just until 21? If it just says until 21, then you are stuck.

    Otherwise, if you want to prove she is no longer living at home (I'm not sure that would be proof of emancipation), you can try sending her a letter to the boyfriend's address with Return Receipt requested.

    Sorry, but I disagree where the burden of proof should lie. Your coiurt order says until 21. If you want to end it before that, the burden of proof wouild be on you.
    Roxx41's Avatar
    Roxx41 Posts: 2, Reputation: 1
    New Member

    Nov 3, 2008, 09:23 AM

    Support supposed to end at 18,21,23... the court order checked 21 -because she turned 18 in middle of school year before graduating.NOT my choice.her mother wants support for child who is probably working and not living at home,but I have no resources to prove it.
    stinawords's Avatar
    stinawords Posts: 2,071, Reputation: 150
    Ultra Member

    Nov 3, 2008, 09:41 AM

    Well if the order just says 21 and not 21 or emacipated then you are probably just stuck. You might want to hire a lawyer in your area to look into it further. Your other option would be to hire a PI and see if they can come up with proof that she does not live with her mother anymore.

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