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SADnConfused17

Junior Member
What is the name of your state? Ohio

I hope I am putting this in the right place. My girlfriends mom came here for advice, and she told me to check it out for the problem I am having. It's a long story. I'm sorry.

I am 17 years old, starting my Senior year in high school in just a couple of days. I joined the military at the end of last year, and completed basic training this summer (I am Army Reserves). My dad has full custody of me, and I lived with him for a lot of years. Earlier this year, before school was out for the summer, my dad and I had some problems, so I asked him if I could move in with my mom for awhile and he agreed. Nothing was ever changed in writing, dad just verbally agreed to let me live with mom for awhile.

I got back from basic training 2 weeks ago. I had a nice amount of money saved up, from my after-school job, from my military pay, and also from bonuses. I really needed a car when I came home from basic training. So my mom took me shopping for a car. We found one that I really liked, and it was $6,000. I put $4,000 down on it, and my mom financed the rest, with me making the payments on it. Here's where the trouble starts. Mom wrote a check for $4,000 for the down payment. I took the money out of my account (the one that the Army set up for me and I have a debit card for the account, but no checks) and gave it to mom to deposit into her account to cover the check. This all happened on August 14th.

On August 16th, mom asked me if she could borrow $500. When I asked her why, she said that she had some bills that were over-due, and that some of her utilities would be cut off if she didn't pay them, so she wrote checks for them, but didn't have the money to cover the checks in her account. And, the check for the downpayment on the car hadn't come in yet, so it was going to bounce if I didn't give her the money. So I gave it to her, not wanting to get my car taken away when I just got it.

Tonight, I made a stupid mistake and lied to my mom about something really dumb, and she found out that I hadn't been honest with her (I told her I was staying all night with my dad, but I was actually going to crash at my girlfriends house because her mom was throwing an "end of the summer" party and we had rented a bunch of movies and a bunch of friends were coming over). Anyway, I know that was dumb. So mom got mad at me and told me to drive the car to my dad's house, because she was coming to get the car, and me, and take us both home. She was being totally unreasonable, and wouldn't even talk to me about anything, she just kept yelling at me. She said the car was going back, and I said that was fine, but I want my $4000 back, plus the $500 I let her borrow. She told me she didn't have to give me my money back, and she wasn't going to. So I said "Great, so you just screwed your own son out of $4500?" and she said "Yep, that's how it looks." When she asked to borrow the $500, she said that the reason she was so behind in her bills to begin with was because she "had" to drive 1,000 miles to see my graduate basic, and that cost a lot of money, so it was really all MY fault that she was behind in her bills.

So, I called my dad and talked to him about everything, and he told me I could move back in with him if I wanted to. I know what a lot of you are thinking, that I bounce from house to house when I don't get my way, but that is really not the case. My mom just seems to be going crazy and I don't know how to deal with her, plus, I can't really trust her anymore after all of this. BTW, she never did show up to get the car, she told me that I had to bring it to her, but my dad told her it was too late for me to be driving (town curfew for teens is 11:00pm), and if she wanted the car, she would have to come and get it. We can't stop her from taking it, she had it put in her name because of the financing and stuff.

So my dad told me that he would hire an attorney for me to sue my mom and get my $4500 back. At 17 years old, can I sue my mom, or will my dad have to do it? And also, can we do this without an attorney? I looked it up and I think it's called "pro se". Is that where I go to court without an attorney and represent myself? Isn't it cheaper to do that than get an attorney? I don't want my dad to spend a lot of money on this, even though I could pay him back when I get the $$ back from my mom (if I do).

Can anyone please tell me what to do? I'm so confused.
 


SADnConfused17

Junior Member
Holy crap! Is this true?

Q. How do I get emancipated?
A. State of Ohio does not have an emancipation law. Minor or parent is unable to file a legal action to have a minor emancipated or legally on their own and under the age of 18. There are two temporary ways in which a minor can be out of the custody of their parent. Either join any branch of the Armed Forces or marriage. However, if the marriage is dissolved or minor is discharged from the service and still under the age of 18 the custody automatically reverts back to the parent who originally had custody.
I found this at http://juvenile.cuyahogacounty.us/faq.htm

Does this mean that since I am in the military, that I am considered emancipated?
 

CdwJava

Senior Member
You may want to ask an attorney in Ohio. Being in the Reserves may not be the same as being emancipated. Also, if your parents can claim you as a dependent on their taxes you may not be considered as such.

- Carl
 

SADnConfused17

Junior Member
CdwJava said:
You may want to ask an attorney in Ohio. Being in the Reserves may not be the same as being emancipated. Also, if your parents can claim you as a dependent on their taxes you may not be considered as such.

- Carl
As far as taxes go, I looked up the 5 tests:

Relationship: Obviously I meet this one
Age: I'm 17, so I meet this one, too
Residency test: This one could get tricky. I lived with my dad from Jan. through mid-April, then moved in with my mom from mid-April until I left for basic training the last day of May, which my basic training time would count as me living with my mom. So that's 3.5 months living with my dad so far, and 4.5 months living with my mom so far this year.
support: I don't really know about this one, either. I work after-school, and normally don't get home until my 11pm curfew. I don't eat at either of my parents houses, I usually grab something on the go or eat at my girlfriends parents house. I buy my own school clothes, pay for all my school supplies and fees, pay my own insurance and cell phone bill. I even take care of my own lunch money at school. When I lived with my dad, I paid the cable bill every month (for the past year), plus helped out with other bills if they needed help (they being dad and his girlfriend - they have a baby together, and the girlfriend doesn't work full time, so I help them with money if they need it). I did the same at my mom's house, helping her out with money when she needed it, and paid for all the same things I did when I lived with my dad. So I don't know, but I think it might be close.

Then there's the special test for qualifying child of more than one person, which is what I am, I guess. I don't know. It's all too confusing for me!

Can anyone answer my other questions, though. About if I can sue my mom to get my $4500 back? I posted this in the small claims section too after I noticed it there last night. Small claims has to be less than $3000, so I don't know what court I would have to go to because it's more than $3000. I just don't want to get screwed out of all this money.
 

fairisfair

Senior Member
you still have the car correct? How about giving things a couple of days to cool down? Mom is probably just irate about being lied to (rightfully so) and may calm down and the two of you can complete the car deal as planned.
 

SADnConfused17

Junior Member
fairisfair said:
you still have the car correct? How about giving things a couple of days to cool down? Mom is probably just irate about being lied to (rightfully so) and may calm down and the two of you can complete the car deal as planned.
Oh I totally understand her being pissed at me for lying. I told her I was sorry, and I meant it. It was wrong, and I know better, I just really thought she would tell me I couldn't stay at my girlfriends house, and I really wanted to. She had let me stay other times, like on New Year's Eve when my gf's parents had a teen party so us kids would be off the streets, but still have a good time playing pool and watching movies and stuff, but my mom has developed a problem with my gf all of a sudden and she won't tell me why, she just tells me that my gf isn't welcome to attend different things with our family, when she used to include my gf in everything. But that's way off topic. Sorry.

We talked again today, and things aren't getting any better. :( Now she wants me to sign an agreement, with a bunch of stuff that she wrote up about the car, and the conditions under which she can take it from me. I read over the paper and told her I wanted dad to read it before I signed it, and she flipped out on me again. But I just want to make sure I'm not signing something stupid, ya know? Especially since she told me last night that my insurance payment was due today in the amount of almost $400, which she said was a one-month payment, and that I would have to give that to her every month to cover the cost of the insurance. I have no problem paying for my own insurance, but I didn't think it should be that much, since I'm an A student and get the good student discount, plus she gets a multi-car discount on her policy. So I asked to see the papers, and she flipped out on me again, then later this afternoon she took me to the insurance place and it turns out I never had insurance until today. I've been driving the car since the 14th with no insurance, even though mom assured me that I was covered. She had added the car to the policy, but hadn't added me as a driver, so if I had been in an accident, I would have been in big trouble! In the end, it cost me $250 bucks to get the coverage on me started, and it will cost me $230 a month from now on for full coverage. That sucks. I wish we would have looked into that before I bought the car. My gf bought her car for like $1400 cash, and it's a '97, and it only costs her $93 a month for full coverage!

Anyway thanks for answering some of my questions. I guess I'll just ride this out and see what happens. Not much more I can do, I guess.
 

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