Over the summer of 2008, I moved out of my mom's house and started living with my dad. A few weeks later I turned 18 and my dad told her that he wasn't paying her child support anymore because I didn't live with her anymore and she supported me in no way. She claims that my dad still has to pay her child support until I graduate from college. Now, I now this would be the case if I still lived with her, but I don't.

What I want to know is that, by removing myself from her household when I turned 18, did I legally emancipate myself? And wouldn't that mean that my father owes her nothing?

Once a child emancipates, child support ceases. However, each state may have a different law regarding exactly when a child emancipates. Some are at age 18, others at age 21. The most common prevailing date of emancipation is when a child turns 18 and has graduated from high school, or up to age 19 whichever occurs first. Also, specific clauses can be included in certain divorce orders that require the noncustodial parent to pay child support until a child graduates from college. Therefore, it is important that all parents know exactly what their court order says and exactly when their child emancipates in order to avoid overpayment problems.

What your dad needs to do is file for a modification of the support agreement. He uses the grounds that you are no longer living with your mom and therefore she provides no financial support. He cannot just stop paying since there is a court order ordering him to pay.

You are not totally emancipated because you did not move out on your own. Generally the legal definition of emancipated is that you are self supporting. So emanicpation really doesn't have anything to do with your situation. When you turned 18 you had the right to move out and live wherever you want to so there would be no need to modify the custody agreement. But to change the support situation requires going back to court for a modification.

Your dad needs to file for a suppor modification showing that you no longer live with her. It dosen't really matter where you live just that you don't live with her.

Yes most likely he will not have to pay, but he will have to go back to court and get it modified.

Your dad needs to notify the court right away that you now live with him. The sooner the better!