Emancipation in New York State

[PuchalesF]

I am 19 and my parents are unable to provide financial stability for me. I want to emancipate myself but I have some questions. First, what would happen to my medical insurance? It is currently through my fathers work. Second, do I move out or pay them rent for living here? I am hoping to go back to college so I will be living there mostly. Any help would be greatly appreciated Thank you.What is the name of your state (only U.S. law)?

 

[cbg]

I can answer your medical insurance question. Under the law, your parents have the right to continue to cover you on their medical insurance until your 26th birthday. It does not matter whether you are living with them or even if they are claiming you as a dependent on your taxes; if you are under 26 they can put you on their health insurance.

 

[Zigner]

You are an adult. Move out and pay your own way.

 

[Zigner]

Under the law, your parents have the right to continue to cover you on their medical insurance until your 26th birthday.

...but not the obligation.

 

[BL]

I am 19 and my parents are unable to provide financial stability for me. I want to emancipate myself but I have some questions. First, what would happen to my medical insurance? It is currently through my fathers work. Second, do I move out or pay them rent for living here? I am hoping to go back to college so I will be living there mostly. Any help would be greatly appreciated Thank you.What is the name of your state (only U.S. law)?

If your parents provide a roof over your head ,meals and cloths ( the basic needs ) they are supporting you .

They are obligated in NY until you are 21 , or deemed emancipated .

While NY has no emancipation laws per say , one can be determined emancipated under various causes.

While citing emancipation for minors ,here are a few criteria:

Q. 1.1 How is Emancipation defined?

A. The term emancipation applies to youth over the age of 16 and under 18 who are:

(1) living separate and apart from their parents;(2) not receiving any financial support from them (except by court order or benefits to which they are entitled, i.e. Social Security);
(3) living beyond the parent's custody and control; and,
(4) not in foster care.

If you were to stay there and be gone to college most of the time , they still have a duty to provide the basics .

If you move out ,you are an Adult no longer under their care and control and no longer living there .

You would find a job or go to college and work .

 

[Zigner]

They are obligated in NY until you are 21 , or deemed emancipated .

Doesn't this refer to child support?

 

[BL]

Doesn't this refer to child support?

http://www.empirestatecoalition.org/main/legal/parents.html[/U]]Section IV: Parental Rights And Responsibilities

http://www.empirestatecoalition.org/main/legal/emanc.html[/U]]Section I: Emancipation

[U]http://www.empirestatecoalition.org/main/legal/legal.html[/U]

 

[Zigner]

Thanks for those links. Clearly, if our OP chooses to leave home, s/he would not be entitled to continued support.

 

[BL]

Thanks for those links. Clearly, if our OP chooses to leave home, s/he would not be entitled to continued support.

You're welcome .

A few here refer to NY as a funny State when it comes to child support .

On one hand at 18 years old an individual would be considered an Adult .

On the other parents are obligated to support their " child " until 21 , unless emancipated .

Alcohol sales are 21 and over ,same with tobacco I believe ,but at 18 old enough to serve in the military .

 

[cbg]

...but not the obligation.

True. However, our poster seems to be under the assumption that they CANNOT continue to cover her (as do many of my employees, who need to be reassured that indeed they can). The bottom line is, it's between she and her parents. The law will not force them to drop her; nor will the law force them to cover her.

 

[The_Non-Mom]

What do you hope to accomplish by being emancipated?