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Non-custodial parent wants daughter to sign emancipation papers

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ejtdad

Junior Member
What is the name of your state? New York

My daugter, age 20, lives with me and I have physical custody. My ex does not pay me CS directly as I pay her the difference between what she would pay me for the one daughter and what I would pay her for the two daughters. [My income is larger than hers.] (I share joint custody for her and her two younger sisters who live with my ex.) My daughter is currently unemployed having just quit her job, is not attending school at this time (fall - perhaps part-time), is not in the military, does not pay rent or provide any income to me for food, utilities, etc. My ex is asking my daughter to sign papers of emancipation..My daughter begged her mother not to ask her to do this, not to put her in the middle of the two of us, but the ex is relentless and my daughter is very upset. I have the the following questions:

1. Is emancipation from my ex, from me, or from both of us?
2. Is this possible considering the "rules" for emancipation in NYS?
3. What are the legal ramifications for my daughter if she goes through with this?
4. What are the ramifications on my medical/dental insurance coverage through my employer? I currently cover all of the kids under my policies.
5. Do you recommend my daughter have an attorney review the paperwork before she signs?
 


S

shell007

Guest
ejtdad said:
What is the name of your state? New York

My daugter, age 20, lives with me and I have physical custody. My ex does not pay me CS directly as I pay her the difference between what she would pay me for the one daughter and what I would pay her for the two daughters. [My income is larger than hers.] (I share joint custody for her and her two younger sisters who live with my ex.) My daughter is currently unemployed having just quit her job, is not attending school at this time (fall - perhaps part-time), is not in the military, does not pay rent or provide any income to me for food, utilities, etc. My ex is asking my daughter to sign papers of emancipation..My daughter begged her mother not to ask her to do this, not to put her in the middle of the two of us, but the ex is relentless and my daughter is very upset. I have the the following questions:

1. Is emancipation from my ex, from me, or from both of us?
2. Is this possible considering the "rules" for emancipation in NYS?
3. What are the legal ramifications for my daughter if she goes through with this?
4. What are the ramifications on my medical/dental insurance coverage through my employer? I currently cover all of the kids under my policies.
5. Do you recommend my daughter have an attorney review the paperwork before she signs?
Your daughter is 20-years-old. An adult.
What do your divorce papers say about CS and when it ends?
 

AHA

Senior Member
ejtdad said:
What is the name of your state? New York

My daugter, age 20, lives with me and I have physical custody. My ex does not pay me CS directly as I pay her the difference between what she would pay me for the one daughter and what I would pay her for the two daughters. [My income is larger than hers.] (I share joint custody for her and her two younger sisters who live with my ex.) My daughter is currently unemployed having just quit her job, is not attending school at this time (fall - perhaps part-time), is not in the military, does not pay rent or provide any income to me for food, utilities, etc. My ex is asking my daughter to sign papers of emancipation..My daughter begged her mother not to ask her to do this, not to put her in the middle of the two of us, but the ex is relentless and my daughter is very upset. I have the the following questions:

1. Is emancipation from my ex, from me, or from both of us?
2. Is this possible considering the "rules" for emancipation in NYS?
3. What are the legal ramifications for my daughter if she goes through with this?
4. What are the ramifications on my medical/dental insurance coverage through my employer? I currently cover all of the kids under my policies.
5. Do you recommend my daughter have an attorney review the paperwork before she signs?
The 20 year old "kid" would have to be living on her own and financially support herself fully in order to be emancipated. Since she only has 1 more year as a "child", by the time this case would be resolved she would probably be 21 or close to it, so i.e, a waste of the court's time.

Even if she is legally considered a "child" (how frikkin laughable!!), it is high time for her to either get an education or get a job. You are not doing her any favors by sheltering her from resonsibilities and very near adulthood. When I was her age, I was living on my own ABROAD for the first time.
 

BL

Senior Member
AHA said:
The 20 year old "kid" would have to be living on her own and financially support herself fully in order to be emancipated. Since she only has 1 more year as a "child", by the time this case would be resolved she would probably be 21 or close to it, so i.e, a waste of the court's time.

Even if she is legally considered a "child" (how frikkin laughable!!), it is high time for her to either get an education or get a job. You are not doing her any favors by sheltering her from resonsibilities and very near adulthood. When I was her age, I was living on my own ABROAD for the first time.
Not to mention IF the Parents have LOW poverty income , they are NOT responsible for the Adult Child , even IF under 21 . in NY .

Like my Father told me , learn to Stand up on your own 2 feet .
 

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