hangnnthere
newbie
Reged: 03/12/07
Posts: 25
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Is it legally possible for an 18 year old(still in h.s) to terminate the ncp rights without being adopted. In our case the ncp claims child on taxes. He has the proper form to do this. the younger siblings are claimed on cp taxes. He was offered a trade. The 18 year old will be attending college in 08.The state of Missouri retains jurisdiction over cs, and there support continues till 22, when child finishes college.Ncp will not be helping out with college expenses and yet get credit for having child in college as well as Hope credit and tax deduction. This adds up to over approximately $5 to 6 thousand dollars. The support he pays for that child alone for the year is only $2022.Financial aid for child is figured on the cp and stepparent income.If the cp were able to claim child it would help greatly towards expenses not cover by scholarships. I realize the subject will provoke a lot of ncp as to the matter of forcing ncp to pay for college.I am only looking for a legal answer. Can the 18 year old petition the court to terminate ncp rights with out being adopted.Is it possible for 18 year old to force ncp to relinquish the tax deduction he was given in last modification(his modification).?
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googledad
Carpal \'Tunnel
Reged: 12/31/05
Posts: 10207
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It isn't about terminating his parental rights , you wish to change the (agreed/ordered ) CS . YIf you only want the tax break you can petition MO courts for it :
6. The court shall consider ordering a parent to waive the right to claim the tax dependency exemption for a child enrolled in an institution of vocational or higher education in favor of the other parent if the application of state and federal tax laws and eligibility for financial aid will make an award of the exemption to the other parent appropriate.
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Careful. We don't want to learn from this.
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hangnnthere
newbie
Reged: 03/12/07
Posts: 25
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Would the cp do this simply by filing a certain form or does this have to be a court hearing? I am in a different state and traveling to Missouri and retaining a lawyer is not financially possible now. Thanks for the response. I would like to keep this as civil as possible without having a nasty court case.
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googledad
Carpal \'Tunnel
Reged: 12/31/05
Posts: 10207
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You'd have to file the proper petition , usually you can request a telephone hearing .
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Careful. We don't want to learn from this.
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hangnnthere
newbie
Reged: 03/12/07
Posts: 25
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Texas has jurisdiction over everything except cs.Missouri retains cs jurisd. which state would I petition?
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googledad
Carpal \'Tunnel
Reged: 12/31/05
Posts: 10207
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Missouri
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Careful. We don't want to learn from this.
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hangnnthere
newbie
Reged: 03/12/07
Posts: 25
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Thanks . Is the petition a legal form or just a typed request for court order filed with the court or judge or dcse? Sorry so dense. Just don't know where to start.
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