Emancipation of pregnant 19 year old?

[rusticroots]

What is the name of your state (only U.S. law)? NY

Hi! My fiancée has a 19 year old daughter with whom we have to pay child support to. I know it goes to 21 in NY. What I am trying to understand here, is that she is 19 and pregnant. She is not in school, she dropped out during her first semester and never went back. She barely works part time (by choice- she is capable of doing so.)

Currently my fiancée is unemployed. They take over half of his unemployment to give to his daughter.

While I do not mind helping to some degree- I am trying to understand what would actually emancipate her at this point. We would continue to help her, but he is paying a much larger amount than he should be in relation to his income. He currently make $334 a week on unemployment, and we have over 2,000 in arrears. Is there a way to reduce the arrears?

I am frustrated- I am working two jobs to be able to provide for our household, while she is pregnant and sitting on her butt. This is detrimental to her, as she will not learn to be an adult this way! Her baby is due in May- are we going to have to pay the medical bills for her childbirth and prenatal care as well?

Please help!

 

[stealth2]

As far as I see (google is my friend), pregnancy is not an emancipating event wrt child support.

Why is Dad unemployed?

 

[adjusterjack]

Your fiancé can file for a change in support obligations due to change in circumstances. Whether or not a judge makes a change is anybody's guess. Whether of not he pays for her medical depends on the terms and conditions of his divorce decree and support order. And, no, there is no way to get rid of the arrears.

I'm at a loss as to why you keep saying "we." This is your fiancé's problem. You have no business contributing a nickel to it.

 

[Zigner]

What is the name of your state (only U.S. law)? NY

Hi! My fiancée has a 19 year old daughter with whom we have to pay child support to. I know it goes to 21 in NY. What I am trying to understand here, is that she is 19 and pregnant. She is not in school, she dropped out during her first semester and never went back. She barely works part time (by choice- she is capable of doing so.)

Currently my fiancée is unemployed. They take over half of his unemployment to give to his daughter.

While I do not mind helping to some degree- I am trying to understand what would actually emancipate her at this point. We would continue to help her, but he is paying a much larger amount than he should be in relation to his income. He currently make $334 a week on unemployment, and we have over 2,000 in arrears. Is there a way to reduce the arrears?

I am frustrated- I am working two jobs to be able to provide for our household, while she is pregnant and sitting on her butt. This is detrimental to her, as she will not learn to be an adult this way! Her baby is due in May- are we going to have to pay the medical bills for her childbirth and prenatal care as well?

Please help!

There's an easy solution. Find a man without baggage.

 

[CTU]

What is the name of your state (only U.S. law)? NY

Hi! My fiancée has a 19 year old daughter with whom we have to pay child support to. I know it goes to 21 in NY. What I am trying to understand here, is that she is 19 and pregnant. She is not in school, she dropped out during her first semester and never went back. She barely works part time (by choice- she is capable of doing so.)

Currently my fiancée is unemployed. They take over half of his unemployment to give to his daughter.

He should probably find a couple of jobs.

While I do not mind helping to some degree-

That's nice. However, it's not your problem.

I am trying to understand what would actually emancipate her at this point. We would continue to help her, but he is paying a much larger amount than he should be in relation to his income.

Do you understand why he's in arrears? It's because he was not supporting as required by law. He's paying what he owes.

He currently make $334 a week on unemployment, and we have over 2,000 in arrears. Is there a way to reduce the arrears?

If Mom is kind enough to forgive the arrears she can do that. If he owes the state, however, he won't get those reduced - period.

I am frustrated- I am working two jobs to be able to provide for our household, while she is pregnant and sitting on her butt.

You are doing this through choice. You are choosing to remain in this situation. And frankly what his daughter is or isn't doing is none of your business.

This is detrimental to her, as she will not learn to be an adult this way!

Translated: This is detrimental to "our" household income.

Her baby is due in May- are we going to have to pay the medical bills for her childbirth and prenatal care as well?

Please help!

I echo the other responses. Your choice is simple: stay, and deal with your man's financial baggage ... or leave.

 

[commentator]

Unemployment usually takes the same percentage of payment for child support as he has been paying while employed. Since it is not a needs based program, child support is taken out of the benefits and you pay income taxes on them, etc. same as wages. But unemployment is in the first place only a very temporary situation. Not only is it considerably less than you could make working almost anywhere, it will not last over six months, (26 weeks) even if he draws out every week he is entitled to. And it is not intended for anyone as a substitute for a job. He needs to find a job, pronto, so he can afford to pay the child support. Do you think that if the 19 year old had a better job while pregnant and was making more income, he wouldn't then be obligated to pay it because she wouldn't need it so much? Not happening. Emancipation of someone who did not wish to be emancipated and in any case does not meet the criteria is not an option you (or even he) could put into effect anyway.

 

[rusticroots]

Ethics

The child has nothing to do with the father. If she got off her ass and got a job then yes there is something called "constructive emancipation" - he got behind be he and his ex were fighting over their house and he couldn't pay everything alone. She claimed "abused spouse" and got a free lawyer and took him to the cleaner.

We are in a relationship. Being able to pay the bills is "our" problem.

He is looking for a job- he is a disabled veteran. Not some lazy dirtbag mooching off of me.

The ex makes twice what he does... she is doing this to be mean and nasty.

And there are ways to reduce the back liability if your income is below the minimum self supporting. The 19 year old makes more than he does.

I'm guessing these are not legal responses... probably a bunch of you spoiled millennial s balking at someone who refuses to give a handout.

I worked two jobs and raised my son and finished school. I'm not paying for someone else's mistakes and at almost 20 it's not right her father is either!

 

[rusticroots]

Seriously

Our lawyer disagreed. I was looking for reasonable advice from adults. Gosh im 34 years old and hate this spoiled generation.

 

[Zigner]

The child has nothing to do with the father. If she got off her ass and got a job then yes there is something called "constructive emancipation" - he got behind be he and his ex were fighting over their house and he couldn't pay everything alone. She claimed "abused spouse" and got a free lawyer and took him to the cleaner.

We are in a relationship. Being able to pay the bills is "our" problem.

He is looking for a job- he is a disabled veteran. Not some lazy dirtbag mooching off of me.

The ex makes twice what he does... she is doing this to be mean and nasty.

And there are ways to reduce the back liability if your income is below the minimum self supporting. The 19 year old makes more than he does.

I'm guessing these are not legal responses... probably a bunch of you spoiled millennial s balking at someone who refuses to give a handout.

I worked two jobs and raised my son and finished school. I'm not paying for someone else's mistakes and at almost 20 it's not right her father is either!

Even if you delete my response, it doesn't change the correct answers you've received.

 

[stealth2]

I asked about why he is unemployed because there are situations where that would be a reason for a downward mod. But I'll guess HIS (not your) lawyer would know if that was applicable.

So what has Dad done to improve the relationship with his child?

And sweetie - plenty of folks here have raised kids, worked, gone to school..... on their own.

 

[CTU]

The child has nothing to do with the father. If she got off her ass and got a job then yes there is something called "constructive emancipation" - he got behind be he and his ex were fighting over their house and he couldn't pay everything alone. She claimed "abused spouse" and got a free lawyer and took him to the cleaner.

You weren't there. You don't know a darned thing about what did or did not happen.

We are in a relationship. Being able to pay the bills is "our" problem.

In other words, you're moaning about something you've chosen to do? I'm confused. Exactly why is that anybody else's problem but yours?

He is looking for a job- he is a disabled veteran. Not some lazy dirtbag mooching off of me.

I sincerely thank him for his service.

The ex makes twice what he does... she is doing this to be mean and nasty.

In NY, she could be earning $9m/year and Dad would still have the same cs obligation. She's being mean and nasty for wanting him to support his child? Oh. Okay then.

And there are ways to reduce the back liability if your income is below the minimum self supporting. The 19 year old makes more than he does.

Oh, let me count the ways ...

I'm guessing these are not legal responses... probably a bunch of you spoiled millennial s balking at someone who refuses to give a handout.

LOL! Nah. More like a bunch of responsible folk who are tired of legal strangers complaining about something they've chosen for themselves.

Oh, and there's that whole bit about, you know, two parents supporting the child. Minor things, doncha know.

I worked two jobs and raised my son and finished school. I'm not paying for someone else's mistakes and at almost 20 it's not right her father is either!

How lovely that his child is considered to be a mistake.