Is this considered emancipation

[vinjoeana3]

What is the name of your state? New York

I am currently waiting for a court date to take my ex to court for child support. We have 2 children together - 16 years old and 19 years old. My 19 year old is in college full time and recently got a job as a porter doing summer relief. The schedule fluctuates but right now he works 4 days a week. Will the courts consider him to be emancipated? It is not a permanent job, only for summer relief.

Thanks

 

[Neal1421]

What is the name of your state? New York

I am currently waiting for a court date to take my ex to court for child support. We have 2 children together - 16 years old and 19 years old. My 19 year old is in college full time and recently got a job as a porter doing summer relief. The schedule fluctuates but right now he works 4 days a week. Will the courts consider him to be emancipated? It is not a permanent job, only for summer relief.

Thanks

No, he is not considered to be emancipated.

 

[vinjoeana3]

If they offer to give him the job permanently and he decides to keep it while still attending college full time, would he then be considered emancipated? Will it affect the amount my ex would have to give in child support? He is still living at home with me. I doubt he will be offered or even accept a full time job permanently at this building while being in school but I just want to know just in case.

Thanks for your reply!

 

[outragedMOM]

I thought that age of majority in New York was 21.

 

[vinjoeana3]

The age of majority is 21 unless the child is emancipated. To be emancipated, the child has to be self-supporting, married, or join the military. I'm just not sure what happens in a case where the child is under 21, living at home and in school full time but has a full time job. Even though he currently is not employed full time permanently, I was wondering what would happen if the job turned out to be permanent.

 

[fairisfair]

you answered your own question "self supporting" he would need to be providing 100% of his own support in order to be considered emancipated. If he is living with you, obviously he is not self supporting.

 

[vinjoeana3]

I wasn't sure if self supporting meant living on his own or earning a full time salary but now it makes sense. If he does end up working permanently, would the amount he earns be deducted from his father's support obligation?

 

[outragedMOM]

I wasn't sure if self supporting meant living on his own or earning a full time salary but now it makes sense. If he does end up working permanently, would the amount he earns be deducted from his father's support obligation?

No, it shouldn't be, but wait for a legal response.

 

[fairisfair]

I have never heard of a child's income factoring in the computation of child support. But I am sure if I am wrong someone will correct me.

 

[BelizeBreeze]

The State of New York does not have an emancipation statute available or a court proceeding to remove the disability of minority. Rather, the status of a youth will turn on the specific facts of the case.

According to caselaw, in the State of New York "emancipation" has been defined as the renunciation of parental rights to a child. Gittleman v. Gittleman, 81 A.D. 2d 632, 438 N.Y.S. 2d 130 (2d Dept. 1981); Wayne County Dept. of Soc. Serv. v. Schultz, 81 Misc. 2d 603, 366 N.Y.S. 2d 845 (Fam. Ct. Wayne County 1975).

Also a minor is considered emancipated if the following events have occurred:

1) He or she is married. Cochran v. Cochran, 196 N.Y. 86, 89 N.E. 470 (1909); Matter of Williams, 106 Misc. 2d 280, 431 N.Y.S. 2d 334 (Fam. Ct. Monroe County 1980); Bach v. Long Island Jewish Hospital, 49 Misc. 2d 207, 267 N.Y.S. 2d 289 (Sup. Ct. Nassau County 1966).

2) He or she is in the armed services. Zuckerman v. Zuckerman, 154 A.D. 2d 666, 546 N.Y.S. 2d 666 (2d Dept. 1989); Fauser v. Fauser, 50 Misc. 2d 601, 271, N.Y.S. 2d 59 (Fam. Ct. Nassau County 1966).

3) He or she has established a home and is financially independent. Roe v. Doe, 29 N.Y.2d 188, 272 N.E.2d 567, 324 N.Y.S.2d 71 (1971); Knoll v. Kilcher, 100 A.D. 2d 686, 473 N.Y.S. 2d 887 (3rd Dept. 1984); Giovagnioli v. Ft. Orange, 133 N.Y.S. 92 (3rd Dept. 1911); Rosemary v. George, 103 Misc.2d 1036, 427 N.Y.S.2d 553 (Fam. Ct. Dutchess County 1980); Bickford v. Bickford, 83 Misc. 2d 571, 371 N.Y.S. 2d 782 (Fam. Ct. Schenectady County 1975).

4) His or her parent has failed to fulfill parental support obligations and the minor seeks emancipation.
Gittleman, 81 A.D. 2d 632, 438 N.Y.S. 2d 130; Murphy v. Murphy, 206 Misc. 2d 228, 133 N.Y.S. 2d 796 (Sup. Ct. Broome County 1954).

 

[vinjoeana3]

Thank you very much for your responses - they were very helpful

 

[BelizeBreeze]

I have never heard of a child's income factoring in the computation of child support. But I am sure if I am wrong someone will correct me.

Well now, did I hear my name being called????

Actually, many states address the issue, albeit, not directly. However, many states stipulate "all income available to the custodial parent..." which the courts have interpreted as meaning the CP's income, the co-habitator / marriage partner and any working children living in the household.

 

[fairisfair]

Well now, did I hear my name being called????

Actually, many states address the issue, albeit, not directly. However, many states stipulate "all income available to the custodial parent..." which the courts have interpreted as meaning the CP's income, the co-habitator / marriage partner and any working children living in the household.

Of course, I was counting on you! How would they consider or prove "access to the income". For example, I have a 19 year old son who works and goes to school, trust me, I have no access to his income, nor does he pay anything towards the household (my bad, maybe, but that is how it is). Does the mere fact that someone lives in the household make their income a part of calculations?? PS.... you are such a good teacher BB

 

[BelizeBreeze]

Of course, I was counting on you! How would they consider or prove "access to the income". For example, I have a 19 year old son who works and goes to school, trust me, I have no access to his income, nor does he pay anything towards the household (my bad, maybe, but that is how it is).

For the court, the only important factor is he works and lives in the household. In Missouri, even a boyfriend who spends weekends with a CP can have a portion of HIS/HER income considered when calculating support.

Does the mere fact that someone lives in the household make their income a part of calculations?? PS.... you are such a good teacher BB

Yes, in those states which have statutes such as I posted.