Emancipation

[stealth2]

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

My son wants to attend The Naval Academy when he graduates from high school. Would he be considerd emancipated if does indeed attend?

Depends on whether enrollment in the Academy is considered enlistment in the Navy, I would think.

 

[Ohiogal]

Why are you starting a new thread with every thought? You are going to irritate the people who can help you if you keep doing this.

 

[wavehopper27]

Noone is forcing you or anyone else to help me. If my threads are irritating you, feel free to move along.

 

[TheGeekess]

Noone is forcing you or anyone else to help me. If my threads are irritating you, feel free to move along.

Alrighty then.

 

[stealth2]

Noone is forcing you or anyone else to help me. If my threads are irritating you, feel free to move along.

And you may feel free to go on and pay a lawyer for your answers.

 

[I'mTheFather]

You asked a similar question nearly 5 months ago and received a reply that appears to answer the question in this thread:

https://forum.freeadvice.com/child-support-98/child-support-full-time-boarded-college-student-570047.html

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

My son has hopes of attending the Naval Academy. If he does indeed get admitted would I still be responsible for paying CS to his mother? I would like to think that since he would be living at the academy with good old Uncle Sam paying his bills that I would be no longer responsible to pay his mother. I know that fulll time college students under the age of 23 are usually eligible for support but I wasn't sure if a full scholarship with room and board constituted him moving out.

And....

Is There Child Support for Children over 18?

Yes. The court can make orders for support, maintenance, and education for children between 18 and 21, if they live with their parent and are mainly dependent on that parent for their maintenance.

The court can also make these orders for 21 and 22 year olds if they live with one of their parents. They must also be mainly dependent on that parent for their maintenance and be in school or college.1

Endnotes
1 "The court may make appropriate orders of maintenance, support and education of any child who has attained age eighteen but who has not attained age twenty-one and who is domiciled in the home of a parent, and is principally dependent upon said parent for maintenance. The court may make appropriate orders of maintenance, support and education for any child who has attained age twenty-one but who has not attained age twenty-three, if such child is domiciled in the home of a parent, and is principally dependent upon said parent for maintenance due to the enrollment of such child in an educational program, excluding educational costs beyond an undergraduate degree." G.L. c. 208, § 28; G.L. c. 209 § 37; G.L. c. 209C § 9(a).

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Produced by Massachusetts Law Reform Institute

What is the age of majority in Massachusetts, and does this grant immediate emancipation?
The "age of majority" in Massachusetts is eighteen. G.L. c. 4, § 7, cl. Fifty-one.

When a person turns eighteen, s/he is considered to have "full legal capacity." This means that the person can make all legal decisions for him/herself unless there is some reason other than age that legally prohibits him or her from making such decisions, such as mental inability. G.L. c. 231 § 85P.

Despite the fact that the "age of majority" is eighteen, this does not mean that all obligations between parents and children will end on the day a child turns eighteen. In fact, Massachusetts courts have stated that in this state, there is no fixed age when complete emancipation occurs, and that it does not automatically occur when the child turns eighteen. For example, in some cases, parents can be required to support their children beyond the child's eighteenth birthday. See, Turner v. McCune, 4 Mass.App.Ct. 864, 357 N.E.2d 942 (1976) and Larson v. Larson, 30 Mass.App.Ct. 418, 469 N.E.2d 406 (1991). This may occur when the child lives with a parent and is principally dependent upon that parent for support.

Is a minor emancipated if he or she enlists in the military?
In some states, enlisting in the military is enough to allow a minor to make many decisions on his or her own, as an emancipated minor would. However, for that to be true, the minor generally must be enlisted on a full-time active duty basis. In addition, in all states, parental consent is required before a minor may enlist in any military service, and there are minimum age requirements that a minor must meet before enlisting. For example, to enlist in the Massachusetts Army National Guard a minor must be at least seventeen years old.

A minor who is enlisted in the armed forces in Massachusetts can consent to certain medical procedures without his or her parental consent. The minor's parents might, however, still be required to financially support him or her. No court has ruled on this issue in Massachusetts yet. Also, enlistment in the armed forces may not be enough by itself, to give minors additional legal rights, such as the right to enter a binding contract.

Yes, irritating and redundant. If you won't use the search function for others' threads, you can at least use it for your own!

 

[stealth2]

Yes, irritating and redundant. If you won't use the search function for others' threads, you can at least use it for your own!

Gosh, you're mean.

 

[I'mTheFather]

Gosh, you're mean.

Yes, I've heard that before.

I'm in the "helping those who help themselves" mode at the moment.