Constructive Emancipation in New York state?

[Kimberley1964]

New York State:
I have a 17-year-old son with whom I have been having trouble for several years. He smokes marijuana, in and out of the home, is tardy to school (57 times in four months during his first quarter senior year), failing several classes, skipping classes, been suspended for being under the influence of and in possession of, marijuana, has been destructive in my home, sworn at me and my daughter, stayed out past curfew, snuck out in the middle of the night to get high, had his girlfriend over to have sex when I wasn't home, though the rule is that no one is to be there when I am gone, and just generally not obeying ANY of the rules of my home. I've had him on P.I.N.S diversion, taken him to drug outpatient programs, counselors, nothing worked. I asked his father to take him and see what he could do, thinking a new school and new friends might be beneficial. Keep in mind that his father owes me about $7K in back support which I have been unable to collect since he works construction under the table. Anyway, my ex is now trying to get support from me and I'm wondering if I have a constructive emancipation case....my son would not be gone if he could obey the rules. Incidentally, my ex tells my son that "your mother doesn't want you" and I haven't seen or heard from my son in three months. Is emancipation ever successful in this type of situation? I have school records P.I.N.S records, outpatient drug treatment records, police reports, pictures....any help? He even posted a picture of himself smoking pot on my front steps, thought it was a big joke.

 

[justalayman]

Anyway, my ex is now trying to get support from me and I'm wondering if I have a constructive emancipation case...

how is your son living with his father constructive emancipation?

You have to realize that emancipation means no parental control or obligation. He is still living with a parent so both parents are still obligated to support him. The fact you relinquished custody to the father is not emancipation.

 

[Kimberley1964]

how is your son living with his father constructive emancipation?

You have to realize that emancipation means no parental control or obligation. He is still living with a parent so both parents are still obligated to support him. The fact you relinquished custody to the father is not emancipation.

Isn't it emancipation from me?

 

[I'mTheFather]

No, it's just a change in custody.

 

[Kimberley1964]

No, it's just a change in custody.

Ok, perfect, so he gets away with not paying child support for his daughter AND I have to pay HIM child support for my son. Yeah, that's fair. Talk about double jeopardy.

 

[TinkerBelleLuvr]

You will each owe each other for one child. If one parent makes more than the other, then one parent may owe some support. If that happens to be you, have them reduce the support he owes you by that amount.

 

[Kimberley1964]

You will each owe each other for one child. If one parent makes more than the other, then one parent may owe some support. If that happens to be you, have them reduce the support he owes you by that amount.

But, he doesn't PAY his support, that's the problem. And, yes, I've filed a violation, but he hides his income and doesn't file his taxes, so, since I am a W2 employee and I DO file my tax returns, he wins, I lose. That's what you get for trying to do the right thing, I guess.

 

[Just Blue]

New York State:
I have a 17-year-old son with whom I have been having trouble for several years. He smokes marijuana, in and out of the home, is tardy to school (57 times in four months during his first quarter senior year), failing several classes, skipping classes, been suspended for being under the influence of and in possession of, marijuana, has been destructive in my home, sworn at me and my daughter, stayed out past curfew, snuck out in the middle of the night to get high, had his girlfriend over to have sex when I wasn't home, though the rule is that no one is to be there when I am gone, and just generally not obeying ANY of the rules of my home. I've had him on P.I.N.S diversion, taken him to drug outpatient programs, counselors, nothing worked. I asked his father to take him and see what he could do, thinking a new school and new friends might be beneficial. Keep in mind that his father owes me about $7K in back support which I have been unable to collect since he works construction under the table. Anyway, my ex is now trying to get support from me and I'm wondering if I have a constructive emancipation case....my son would not be gone if he could obey the rules. Incidentally, my ex tells my son that "your mother doesn't want you" and I haven't seen or heard from my son in three months. Is emancipation ever successful in this type of situation? I have school records P.I.N.S records, outpatient drug treatment records, police reports, pictures....any help? He even posted a picture of himself smoking pot on my front steps, thought it was a big joke.

No, You can't "emancipate" your child due to said child failing in his TEEN LIFE. Might want to try a bit harder to assist him to florish. IMO. BTW. Child is not living with a 22 year old "room mate" . He is living with his Dad. Both parents have a moral and legal obligation to support children, so you will have to pay Dad $. Good News!! The 7k he owes YOU will come off the top of your support order.

Good Luck to you and all your family.
Blue

 

[Just Blue]

But, he doesn't PAY his support, that's the problem. And, yes, I've filed a violation, but he hides his income and doesn't file his taxes, so, since I am a W2 employee and I DO file my tax returns, he wins, I lose. That's what you get for trying to do the right thing, I guess.

No. That is "what you get" for sending your problemboy to a "deadbeat" father. If Dad will not financially support his children ...Why on God Green Earth do you think he will change problemboy from this path he is on?

Makes no sence to me. And if your 1964 in the username is your BD...Shame on you.

 

[Kimberley1964]

No, You can't "emancipate" your child due to said child failing in his TEEN LIFE. Might want to try a bit harder to assist him to florish. IMO. BTW. Child is not living with a 22 year old "room mate" . He is living with his Dad. Both parents have a moral and legal obligation to support children, so you will have to pay Dad $. Good News!! The 7k he owes YOU will come off the top of your support order.

Good Luck to you and all your family.
Blue

Please don't tell me to "try harder" when all you know of the past four years is six lines on a blog. My son is self-destructive in all areas of his life and, with the exception of chaining him to a radiator, I could not have done more for him. Thanks for your sensitivity.

 

[BL]

What happened when he was non complient with P.I.N.S ?


http://www.empirestatecoalition.org/main/legal/emanc.html

You take the CS matter back to court for modification or dad daoes.

Until there is an order no CS payments are required to be made.

Perhaps the court will give you some kind of releif of your obligations to dad because he has arrears owed to you.

If it has not been ordered of you yet , wait until dad files ,if he does and request some such relief from the court .

If denied and you are ordered to pay CS ,

What If the Parties Disagree with the Support Magistrate's Order?

Both parties have the right to appeal the order by filing an "objection" within 30 days
of the date the order is sent to them. The objection must be filed with the court clerk's office,
with a copy sent to the other party. The other party may send a reply to the court. After review
ing
the case file, a judge then rules on the objection. The judge may leave the order as it is,
change it, or send the case back to the Support Magistrate for further proceedings.
If either party disagrees with the judge's decision, the case may be appealed to a higher court

file an objection or challenge, based on incorrect calculations or mistake of fact.

 

[Just Blue]

Please don't tell me to "try harder" when all you know of the past four years is six lines on a blog. My son is self-destructive in all areas of his life and, with the exception of chaining him to a radiator, I could not have done more for him. Thanks for your sensitivity.

Well...Based just on your posting you could have. But now you want to kick your kid to the curb...and you just want us to tell you how to do so, NOT. Happening.

But feel free to hire an attorney to do so.

Good Luck to your children...And my blessing willl be with them
Blue

 

[Proserpina]

Ok, perfect, so he gets away with not paying child support for his daughter AND I have to pay HIM child support for my son. Yeah, that's fair. Talk about double jeopardy.

Double jeopardy?

 

[justalayman]

and just tossing this out there but child support in NY is until the child is 21 or self emancipates so you only have 3-4 years to worry about it.

 

[Kimberley1964]

No. That is "what you get" for sending your problemboy to a "deadbeat" father. If Dad will not financially support his children ...Why on God Green Earth do you think he will change problemboy from this path he is on?

Makes no sence to me. And if your 1964 in the username is your BD...Shame on you.

Dear Confused;

The mindset was that being in a new school and getting away from his friends here might have a positive influence.

Shame on me for being born in 1964? Makes no SENSE to me.

In the future, check your spelling and grammar as it is atrocious.