Child Support and Emancipation

[casey16]

My question involves emancipation laws for the State of: Florida

I have been seriously considering Emancipation. I am 16 years old, and currently looking for a job, I have a vehicle from my uncle that is fully paid off, I only need money to buy insurance. In order to be emancipated, you need a petition from a guardian. Could my father do it? He has only limited custody of me, but I know that my mother woudn't do it. Would it cost him money? He can't afford to do much in the way of legal services now. Also, he pays about 800 dollars a month for my child support. If I am emancipated, he wouldn't have to pay it anymore, but, if he was willing, and paid me the money each month directly, could I use that as part of my financial support? I would also get a job, but I was just wondering. Thank you for your help.

[cyjeff]

No.

Getting a handout from dad doesn't count as income.

[cbg]

In Florida, unless YOUR PARENTS (that's both of them) will sign the petition, it isnt' going to happen.

[divemedic]

This sounds like Dad wants to get some revenge on Mom and stop paying child support to her, and is using his daughter as leverage.

Here are the rules for Florida:

A circuit court has jurisdiction to remove the disabilities of nonage of a minor age 16 or older residing in this state upon a petition filed by the minor's natural or legal guardian or, if there is none, by a guardian ad litem.

That statement must contain (among other things):

A statement of the minor's character, habits, education, income, and mental capacity for business, and an explanation of how the needs of the minor with respect to food, shelter, clothing, medical care, and other necessities will be met.

A statement of the reason why the court should remove the disabilities of nonage.

If both parents are not jointly petitioning the court for the removal of the disabilities of nonage of the minor, service of process must be made upon the nonpetitioning parent. Constructive service of process may be used, provided the petitioning parent makes an actual, diligent search to discover the location of, and provide notice to, the nonpetitioning parent.

If the court determines that removal of the disabilities of nonage is in the minor's best interest, it shall enter an order to that effect. This is very rare, and in order to meet this requirement, you must be able to support yourself with no outside help. Getting money from Daddy as a part of your financial plan is not gonna cut it.

[Mr. Knowitall]

Under Florida law, if the parents obligate themselves to pay child support as part of the statement of how the minor's needs will be met, nothing in the law prevents emancipation. That is, there's no requirement in Florida law that the minor have separate earnings or assets, as long as the court is satisfied with the plan.

Further, it's not necessary that both parents sign the petition. But the petition must be made by the minor's "natural or legal guardian", with notice to the other parent.

Emancipation is not a back door around child custody orders. When a child cannot support herself, the parent who does not have primary custody should be bringing a motion to modify custody. A court will not look favorably upon a petition by a non-primary custodian that appears primarily intended to circumvent a custody order or end a child support obligation.