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Non custodial parent attempting to establish child emancipation Mississippi Florida

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  • Non custodial parent attempting to establish child emancipation Mississippi Florida

    Many years ago a child support order was entered in MS. This is where the divorce was granted. The children were moved to FL by the custodial parent. Recently FL adjudicated the child support agreement. At that same time a new mediation settlement was entered into the court. This agreement was agreed upon by both parties. The child turned 18 last fall but was enrolled in a "formal high school enviroment." Florida public schools. This past spring the child was detained by law enforcement on school grounds for having a alocholic beverage on school grounds, during school. The suspension the child was facing would not allow her to complete her education in a traditional setting. The child withdrew, themself, from this high school and enrolled in an adult night school enviroment. The child participated in commencement excersises because of credits already completed. No diploma. I was told there were credits needed to be completed. This past fall the child has been attending, at a less that full time schedule. I have not a clue even though I have asked for proof. The child is also working 30+ hours a week. The most recent modification states the child is to remain a full time student and has the affirmative duty to keep me, non custodial parent, informed of such schedules and acceptable grades. If these conditions are not met then my responsibility to pay child support ceases. The custodial parent has a "go to court free card" if I am late on my payments. Very recently I notified the custodial parent, my attorney, and the court in writing, the T&Cs of our agreement have not been met for over 6 months and I am not paying according to the agreement.

    Questions: MS or FL laws govern this? Do I have a chance to emancipate the child because of the failure to keep me informed, and not attending a traditional full time program. Will I have to go back to court to see this through?

  • #2
    Child is in Florida. Their laws are the laws pertaining to the child (at this point)

    You are asking questions that only a lawyer can answer, because they involve specifics.

    Try talking to your child.


    • #3
      TY for the reply

      Our society is very mobile today. When the mediation settlement was reached in 2009, I was informed that when a contract is enter into in one state, the T&Cs do not change because the location has changed. FL accepted to enforce a MS statue. Will FL enforce the mediation settlement reached in 2009 without me havng to go to court.

      The child is mentally capable of doing anything she wants to do,, she decides to ignore and procrastinate about everything. Maybe it will go away. She has not been raised to accept responsibility to walk on her own. I can not push much because the child does not respond and I become the evil parent.

      The custodial parent has hampered and sabatoged my relationship with the 3 children. This is the last one left at home. It has taken many years, after the older 2 children have left home, to repair the damage inflicted.
      Last edited by Gpiersing; 01-05-2011, 07:46 AM.


      • #4
        Only a lawyer can give you answers, (And the judge might make him a liar)

        Good luck.