Seeking emancipation from support payments

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Question:

My divorce decree, issued in Wyoming, states the age of majority as 19, but the current age of majority is 18 in Wyoming. My husband's daughter is now 18; she moved out from her mother's house 16 months ago. We would like to stop support payments, but we are having difficulty trying to emancipate an 18-year-old. What should we do?

Answer:

You have two choices. The first is to stop paying support and respond to any attempts to collect it with the defense that your husband's daughter has reached the age of majority and your support obligation should be canceled. You may be on the hook for the time between when you stop and when she turns 19, but at least you put the burden on your husband's ex to prove a right to the support.

As a practical matter, you might use this as an opportunity to save some money by putting the support you would have paid in an interest bearing account. That way, if you are ever ordered to pay the support, you will be able to put your hands on it.

Your other choice is to go to court in Wyoming to amend the order to relieve you of support on the ground the aging teen is now 18.

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LA-NOLO4:DRU.1.6.3.20141021.28794