Re-opening a closed divorce decree to re-start child support payments in state that is 21 and not 18.?

Question

got divorced in Texas in 1999, wife moved to Missouri and 3 years later I moved to Washington. All child support and insurance was paid until 2 months after youngest graduated from high and she was over 18. Texas closed the books on the divorce, now 3 months later, ex-wife is suing for support until youngest is 21 citing MO. law that says pay until 21. This seems unfair but the law isn't always fair. if she has lived in MO for most of her life I see where she would be considered a resident of that state, but if no modification was ever done can the "books" be re-opened so to speak? What would keep parents from moving to MO. where child support is until 21 to get another 3 years of support? 
I stated on our divorce decree in Texas that I would pay for college until she turned 25 after talking to a lawyer that said this was un-enforceable because in Texas you are emancipated at 18 and married parents cannot be sued to send their kids to college which made sense to me. I kind of want to counter sue for a frivolous lawsuit and have her pay my fees, any thoughts on this subject would be greatly appreciated.

Hank Rearden · Accepted Answer

Did she ever file to move jurisdiction of the divorce from Texas to Missouri?  If so, were you notified?

I think you're in good standing here - but I wouldn't leave it to chance.  Get legal representation.

BTW - this matters to me - divorced twice:  1st in Texas, she (and 2 boys) live in California now; 2nd in Arizona, she (and 2 boys) just moved to Kansas.  I live in Tennessee.

jonn449 · Answer

I've had a lot of experience with dealing with support issues across State lines.
Under the URSCEA Act, the support laws of where YOU live will prevail.
MO has no jurisdiction in this matter unless you are a resident. A request will be sent from MO to the county you live in in WA. The local support courts there in WA will go by their laws.
My ex tried the same thing in MI, VA, and TX, but I live in NC so the laws of NC prevailed.
Go see an attorney where you live since that is where you'll have to deal with this.
BTW, TX most likely won't hear this matter since their last ruling was nearly 10 years ago and neither party lives there any longer.

Anonymous · Answer

Texas no longer has Jurisdiction, Washington did, but under Washington law, you would have to pay child support plus for the college education.  Under Missouri law, if she is in college and meeting minimum credits, than child support continues to 21, but it can be paid directly to the child.  I've never seen a case like what she is trying.  I'm in Kansas City.  Email me and I can provide you with an email for an attorney.

Mignon F · Answer

Lord have Mercy if she's not screwing you around!
She needs to take you back to Court in the State you were divorced in.
Period!!
That's a fact.  I was married in Illinois, divorced and lived in MO and was taken to Court by my ex-husband and I had to go to Illinois in the County we were married in for any and all Court dates.
It ended up with me doing Pro Se Motions because I couldn't afford Attorney fees.
He filed a petition to stop paying child support while our son was still in high school because he turned 18.  He and his wife took this as he was emancipated.
A child is not emancipated at the age of 18.  If that child at the age of 18 has enlisted in the Armed Forces, is not living at home or is married then they are emancipated.
I had to fight for help (not that it was needed) for my ex to pay $200.00 per month for 3 months for our sons college expense and ended up writing a letter to the Judge because invasion of privacy was going to happen to my son.  
Do more research on all of this.

Cham · Answer

There is case law in Penn. covering this type of situation. It is unconstitutional for a parent to pay for an adult to go to school. When your child hits 18, they are a legal adult by all letters of the law. in that, your obligation to support them stops, and the obligation they have to support themselves begins.

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Re-opening a closed divorce decree to re-start child support payments in state that is 21 and not 18.?

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