Results 1 to 5 of 5
  1. #1
    Join Date
    Jan 2011
    Posts
    1

    Default Indiana Emancipation for a 16 Year Old

    I am 16 years old and live in Indiana. I recently moved out of my mothers house due to a situation that left me feeling unsafe around her husband. Now, my two siblings (being 18 and 27 years old) and myself live in a house that my father owns but only visits about once a week.
    My father has always paid child support on me and now wants that reversed so that he collects from my mother because of my living situation. I, however, don't want either one of my parents paying or collecting child support because neither of them are exactly taking care of me. I have a job and support myself with the help of my siblings.
    Here are my questions:
    1.) What are my chances of emancipation and is it a difficult process?
    2.) Will I be able to stay on my parents' insurance?
    3.) Do my parents have to comply?

    Thank you.

  2. #2
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,087

    Default Re: Indiana Emancipation for a 16 Year Old

    You can read about Indiana emancipation statutes here.

    1) Without a full-time job and a proven track record of 100% self-support, your chances are virtually zero.
    2) Absolutely not. Being emancipated means that you are completely free of your parents' "care and control". That means that they have exactly ZERO legal or financial responsibility for you - and that includes insurance. Emancipation means you take care of yourself 100%.
    3) Nope. If they object, it's usually game over, unless you can provide VERY compelling (and documented) reasons why emancipation is in your best interests.
    I'm not a lawyer, but I play a researcher on the internet!
    Caution: I bite. WARNING: Do not send questions or complaints by PM. I'm likely to post them publicly and embarrass you half to death.
    I'm training for the MS Society's Bike to the Bay - and blogging about it!

  3. #3
    Join Date
    Jan 2006
    Posts
    27,911

    Default Re: Indiana Emancipation for a 16 Year Old

    is this your fathers legal residence? Why does he visit once a week? Is it maybe because this is his residence and his job keeps him away from home most of the week?

    If this isn't his residence, what is the relationship of your siblings with your father concerning the house? Do they pay rent?

    as far as one parent or the other paying child support; that is really none of your business. The courts review the situation and rule based on the facts.

    who is awarded custody of you? If it's your mother, your father would have to obtain physical custody before he would be due payments from your mother.

  4. #4
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    74,998

    Default Re: Indiana Emancipation for a 16 Year Old

    Quote Quoting Mberryman
    View Post
    2.) Will I be able to stay on my parents' insurance?
    You may be eligible to purchase continuing coverage under COBRA. (That can be quite expensive.)

  5. #5
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    17,674

    Default Re: Indiana Emancipation for a 16 Year Old

    Much as I hate to admit it, the answers to #2 are no longer entirely correct, unless the parents' health insurance plan has not had a plan renewal since September 23, 2010.

    Under the health care reform laws, a parent may continue to cover their children until the age of 26 even if they no longer live at home and even if they are not claimed as a dependent on the parents' taxes.

    http://www.dol.gov/ebsa/newsroom/fsd...tcoverage.html

    However, please note that what this law does is allow the parent the opportunity to provide coverage; it does not compell them to do so.

    So if the parent CHOOSES to continue to cover an emancipated child, they may do so. But the law will not FORCE them to.

    Of course, it is still true, and I completely agree, that emancipation is unlikely in the extreme.

    1. Sponsored Links
       

Similar Threads

  1. Emancipation: Emancipation of 20 Year Old in Indiana
    By 040988 in forum Juvenile Law
    Replies: 10
    Last Post: 03-30-2010, 11:34 AM
  2. Emancipation: Emancipation of a 16-Year-Old in Indiana
    By Brittany in forum Juvenile Law
    Replies: 1
    Last Post: 11-04-2009, 04:05 PM
  3. Emancipation: Emancipation of 19 Year Old Child in Indiana
    By bigjay189 in forum Juvenile Law
    Replies: 1
    Last Post: 10-10-2009, 04:44 PM
  4. Emancipation: Emancipation of an 18 Year Old in Indiana
    By pandi in forum Juvenile Law
    Replies: 11
    Last Post: 09-07-2008, 02:32 PM
  5. Emancipation: Emancipation in Indiana For a 15-year-old Female
    By mennah.sarrag in forum Juvenile Law
    Replies: 2
    Last Post: 08-15-2006, 11:24 AM

Bookmarks

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  
 
Forum Sponsor
Find A Lawyer - Free, confidential referrals.
Legal Forms - Buy easy-to-use legal forms.




Untitled Document