Ask Me Help Desk - 18 emancipation in Ohio

I have been reading and now going through the laws from different aspects in Ohio but the most I can find is my son can receive child support after 18 through a divorce court order or disability. I know with him going to college full time, I am disabled, he will still be under my care and there is a little back pay that is still owed that there is something I can do here. I have already taken him to court because he did not follow the laws in reporting income change and those things as well. The judge stated to us both everything he did was wrong but they could not do anything about the funds I should have received (lol). He will also continue to pay for my sons insurance now that he is 18 as well through child support. I have my emancipation letter but I want to see the best way to make sure when I take it to court his going to college and things and the back issues maybe will help me out. Any good ideas.:D

Quote:

Originally Posted by serious1

I have been reading and now going through the laws from different aspects in Ohio but the most I can find is my son can receive child support after 18 thru a divorce court order or disability. I know with him going to college full time, I am disabled, he will still be under my care and there is a little back pay that is still owed that there is something I can do here. I have already taken him to court because he did not follow the laws in reporting income change and those things as well. The judge stated to us both everything he did was wrong but they could not do anything about the funds I should have received (lol). He will also continue to pay for my sons insurance now that he is 18 as well through child support. I have my emancipation letter but I want to see the best way to make sure when I take it to court his going to college and things and the back issues maybe will help me out. any good ideas.:D

Honestly, I don't understand your question. Your son is emancipated but you want to be able to collect child support for him - is that the question?

He should still collect on any arrears. I don't know anything about the difference in what was not reported but it should be reassessed by going back to court. He should be able to collect according to the laws that say he is eligible until 21 since he is going to college.
I am guessing that is what you want to know about.

I am sorry from my side it seems logical, I have just received the letter for my son to be emancipated asking do I wish for it not to happen and the reason (s). Because he is in college full time I wanted to ascertain any information for Ohio that could help me in presenting my case for child support to continue. I was not married, and from what I have seen so far unless he is in high school or handicapped 18 or 19 is the limit in Ohio unless court ordered and validated by both parties in divorce. With the other info and my disabilities as well I thought since my son would still be more than 50% my responsibility that I could do something about this.

Quote:

Originally Posted by serious1

I am sorry from my side it seems logical, I have just received the letter for my son to be emancipated asking do I wish for it not to happen and the reason (s). because he is in college full time I wanted to ascertain any information for Ohio that could help me in presenting my case for child support to continue. I was not married, and from what I have seen so far unless he is in high school or handicapped 18 or 19 is the limit in ohio unless court ordered and validated by both parties in divorce. With the other info and my disabilities as well I thought since my son would still be more than 50% my responsibility that I could do something about this.

Do you have a Court order for child support? What does it say? Does it specify that support will end at a certain age UNLESS the child is a full-time student, words to that effect?

Whether you were married doesn't enter into this - there is not one category of children whose parents were married and another for children whose parents were not married. This should be the same in both cases - I think what you looked wasn't terribly clear.

I find that in Ohio specifically child support continues until your child is 18 years of age and finishes high school. (If the child is still in high school full-time, then the support continues until 19, but this is not your situation). Ohio refers to the age of 18, out of high school, as automatic emancipation.

In order to continue to collect child support after 18 and out of high school there must have been a previous agreement (part of a divorce) or order (custody/support hearing) that the support would continue beyond that point. As you said, disability can be a consideration but your child is not disabled. You cannot go back to Court and request child support to a different age after that original agreeement/order is filed.

If you are asked if you WANT your son to be emancipated I can only assume that there is such a provision in your order of support and the Court wants to know if you want him to be emancipated. If you agree, child support will stop.

If they are asking IF he is of legal age and circumstances (18 and out of high school), then that's something different. You are required to notify the child support unit when your son is 18 and out of high school.

What are they asking/telling you - ?

There is nothing you can do to stop the child from being emancipated at 18 unless he is mentally or physcially handicaped to a point of not being able to live on his own, or unless he has not finished high school yet.
* and even that is iffy...

I do not believe your state requires support though college but will allow it in the child support order if that is what was worked out as a agreement. So what you get will be writing out in the child support order you originally did, no more, no less.

I will assume the order you got came from the father asking for support to stop since he is not 18.