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emancipation of a severely and permanently disabled child

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gitana1

Junior Member
What is the name of your state (virginia)?

My son's father had him emancipated in Virginia where he lives. The child support order was from NY. He was able to get him emancipated because he did not inform the court of my son's disability. Is this legally binding; or can I have the order rescinded due to my son's disability? He is still claiming him as his military disabled dependent, getting retirement benefits for him, and he has not supported him since he turned 18. Just need to know my son's rights in VA. where his dad lives. We have been living in FL. for 12 years.What is the name of your state (only U.S. law)?
 


Ohiogal

Queen Bee
My son is not a veteran. He was born with cerebral palsy and he is mentally retarded.
Were you served with any papers? Did you file to extend the child support based on his disability? When did you find out that the child was "emancipated"?
 

gitana1

Junior Member
when my son turned 18, he informed me that he was going to have him emancipated. I have not seen an emancipation order. I never pursued any assistance from him before because my son always wanted to work. He has had four nervous breakdowns trying to work with people who make his life miserable because they don't ant to work with him. With this last breakdown,
I have had to have him Baker Acted three times. He is experiencing severe anxiety and panic attacks and he's obsessed with getting a job. I need 24 hour assistance for him until he gets himself back to where he can function in the community. I don't have the money to pay for his care because I had to quit work to help him heal. As I said before, he still claims him as his military dependent but has not given him a dime since he turned 18. My son is now 31
and has been relatively independent until now.
 

BL

Senior Member
If the child is receiving benefits off Dad's Military background , that can applied toward CS obligations .

NY CS orders generally go to 21 .

Are you sure the child was emancipated , or the CS obligation orders just were modified ?
 

gitana1

Junior Member
I have not seen an emancipation order. I am researching this now. His dad is getting benefits for him, but he is not passing it on to him.
 

BL

Senior Member
Get a copy of the order since you are the other Party to the action .

Why weren't you notified of the Petition in this action ?
 

gitana1

Junior Member
I never pursued it before because as a former marine, myself, I taught my son to be independent and supported his independence while he could handle it. My son is in crisis now and I need all the assistance I can get for him, in order to give him back his livelyhood. If I had the means I would continue to support my son, without his help, like I've been doing all along. This is not even about me or his dad. this is about my son and his future. I'm just trying to find out his legal responsibilities to support his son.
 

gitana1

Junior Member
My son is 31 and wants to work. He has become severely neurotic because he's been rejected every he's gone in the community for the past six months.
 

BL

Senior Member
OG, he's now 31.


OP, was there ever a child support order in place? You repeatedly state that you never persued any assistance from Dad before.

The child support order was from NY.
Again , I ask , why were not notified or summonsed to court over the emancipation / termination of Child Support matter ?
 

gitana1

Junior Member
There is a child support order he stated he was going to get out of by getting him emencipated when he turned 18. So he has not paid him any child support since my son turned 18. What I meant is I never pursued extensions or an emancipation order because I was supporting my son in his quest to be independent.
 

Ohiogal

Queen Bee
You cannot go back when your child is 31 and try to get child support out of the other parent. It doesn't work that way.
 

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