Do I Qualify to Get Emancipated

My question involves juvenile law in the State of: New Jersey

I will be 17 in march of 2012. I currently attend online school and will have my diploma very soon. I pay bills (to my mother and stepfather; nothing in my name) I have a job and am also looking for a second job. I pay for all of my own clothes, food, etc and I take the bus to work. I know to be emancipated I have to already be living On my own I believe but how can I do that my parents don't allow me to do anything. I don't mind cooking and cleaning but the fact that they treat me like such a child is ridiculous. They get as much money out of me as they can. Every month it's something new. I can obviously support myself and take care of myself. I just can't handle them breaking me down anymore. Do I qualify to be emancipated? If I try and fail it will just get worse! Please help.

How much are you paying in rent each month? How much in utilities? How much for health insurance, car insurance etc.,?

One of their rules is that as long as I live in their house I cannot drive. So I don't pay car insurance. I pay my phone bill ($30) and for online school ($40). They take the rest out themselves. At first they were taking 20% of my paycheck every month but now they take however much they want. I make roughly $500 a month but I am looking for a second Job because that isn't enough to support myself. As for health insurance I do not have any because my real father has that responsibility as it says in the divorce decree but he doesn't pay child support and I am inactive on his insurance policy according to the insurance company. I usually have roughly $75 left over from each paycheck for saving because that's what my mommy dearest leaves me with.

Your problem is several-fold.

First, NJ does not have an emancipation statute. Second, if there was any chance of you convincing a local judge that you should be emancipated you're going to fail at the first hurdle - you don't earn anywhere near enough.

Finally, you're 17. Even if you filed a petition of some sort, it likely wouldn't be heard until you turned 18 anyway - and as of that point, you're free to leave no matter what.

Sorry.

I'll be 17 soon and I start my second job in a few weeks I just am not sure how much I'd make I mean it's obviously minimum wage but I'm not sure how many hours they'll give me. I work 25 hours a week thus far and as a minor I believe the maximum amount of hours is 40? So let's say roughly $1,660 a month (before taxes) ($7.25/hr x 40hr/week = $290 x 4 weeks/month) I believe. Would that be enough? Idk what do you think I should do? I escaped one abusive parent to deal with my stupid greedy other one.

New Jersey doesn't have a statute allowing for the emancipation of minors.

Emancipation, when it does happen, happens in VERY limited circumstances (military enlistment is the one that springs to mind).

Yeah and you need parental permission for that -.- thank you. But how does one go about getting emancipated from one parent atleast? (my parents are divorced, I do not see my real dad, he does not pay child support, he was abusive and DYFS was involved everytime we tried to have a relationship) my mother says he pays child support but she said it only covers the grocery bill which I work so much I'm never home to eat anyway. Is there a way I can get emancipated from him atleast?

There is no such thing as emancipation from one parent and not the other. Either you are emancipated or your're not.

Unless you are living on your own and paying 100% of your own expenses, then you cannot be emancipated. And if your parents say that you cannot move out on your own, then that's it. Emancipation will not be an option for you.

Emancipation is not a right. And emancipation is not and never was intended to be a means to allow a minor to leave home before her parents want her to. As long as you are under 18, you live where your parents say you live. If your parents say that you live with your mom, and if living with your mom means that you cannot be emancipated, then that's the ball game - you cannot be emancipated. Period.

Okay. Thank you. Another odd question what happens if my real dad gives up his parental rights does that mean the child support stops and I can do it that way? I just don't like the fact that my mom says "he never did anything but hurt you all your life. Let him pay you. You deserve it." but I don't want/need his money I just want to move on.

The only other family member I have is going to have a joint bank account with me (so I can get paid from work and my parents can't take my money) and also adding me to their phone plan so I can pay the money to them and my real parents can't threaten to take my phone or blah blah even though I pay for it. Can I do this as well?

I hate to be the bearer of bad news but your parents can still take your phone. While under their roof, you are subject to their rules.


Your father cannot just give up his parental rights. It would take an action by your mother and even then, there would have to be a justification to severe your fathers parental rights.

but yes, if your fathers parental rights were terminated, the child support to your mother would stop, except for any delinquent money owed. He would not owe you a penny.

Child support is not to be paid to you. It goes to the custodial parent to assist in the costs of raising a child.

He doesn't have the ability to say "I don't want to be a parent any more" and stop paying support. Also, child support is payable to mom, not to you.

Keep in mind that if you have a joint bank account with a family member, your parents may not be able to take your money but your family member can. Choose carefully, because that does happen.

Thank you again. They legally can't I just want to emulate myself from my real dad atleast so that they stop trying to threaten me to live with him.

Another odd question what happens if my real dad gives up his parental rights does that mean the child support stops and I can do it that way?

In the exceedingly unlikely event that the court is willing to allow your dad to give up his parental rights, then yes, child support would stop.

It would in no way impact the answers you have been given. You would STILL not be able to be emancipated unless you had permission to move out of the house and were able to pay 100% of your own support - then MAYBE the state MIGHT deign to consider you emancipated. But probably not.

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Quoting LeeLeeG

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Thank you again. They legally can't I just want to emulate myself from my real dad atleast so that they stop trying to threaten me to live with him.

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It's not your decision.

You live where your parents say until you're of the age of majority.

I strongly suggest you actually start reading about what emancipation is and isn't - because you're not seeming to grasp that.

Okay, since you don't seem to be understanding:

Emancipation does not mean, as you seem to believe, "divorcing" a parent. Emancipation is a declaration by a court (or in NJ and a couple of other states, a tacit agreement by the state) that you are a legal, self-supporting adult. Emancipation does not mean that you are free from interference from one (or both) parents but that they continue to provide for you; it means that you, just you, and nobody else but you is responsible for your support. If you parents say that you live with your mom, then you live with your mom. If they say that you live with your dad, then you live with your dad. As long as you are even one minute under the age of 18, it is not up to you, and I can promise you that based on what you have posted, you WILL NOT be emancipated. You are not even close to qualifying.

I agree with Doggie that you do not appear to understand what it is that you are asking for.

I do infact know what I'm asking for I just know literal emancipation isn't going to happen for me so I'm trying to explore my other options. I can tell you one thing though something has to change. There must be a law against what my parents are doing by using my child support money to support their "habits" let's just say and taking most of my pay check to pay the mortgage on a property that they own.

It's not - and never was - your child support money.

They are legally allowed to charge you rent/board. You don't like it? Stop working. They can't take what you don't have.

I don't know where so many children get the idea that the child support money is supposed to go to them. The money reimburses the supporting parent for the costs they incurred in supporting you. The supporting parent can use it in any way they like.

It's the mortgage on the property where you've got a roof over your head, which they are required, by law, to provide you. If you've got that roof, a couple of changes of weather appropriate clothing, clean running water, and food available to you every day, then the child support is being spent appropriately. Period. End of story. It's not YOUR child support money - it's money that one parent who isn't providing you food, clothing, or shelter, pays to the other parent, who is.

Okay just an update I got into some trouble and my mom and stepdad said that "they cant handle me anymore and if I could get my real dad to consent to the emancipation paperwork (sign it) they'll sign it too and I can go by myself and they won't help me out financially or anything." this would never happen believe me my real dad is a control freak but does what they're saying make any sense to anyone like I've heard of this happening and being a ward of the state or taken to a shelter or being adopted but what are they talking about? It would still have to go to court right? I'm just curious I gave up on it anyway it would take too long I'd be 18 by the time everything got finalized anyway.

Even assuming you legally could be emancipated ... this process can take a year to progress to completion. And it would be moot at that point in time.

If the trouble you got into involved a police officer, even the very very small chance to had of emancipation vanished to nothing.

Oh no I just got caught doing something I wasn't supposed to. They said I never listen and they want to give up but legally. Like someone told me earlier a parent can't just decide not to be a parent anymore (unless they like turn me over to a group home or something to that effect like adoption or a shelter) but I'm just curious as to what they mean by "sign the paperwork to emancipate me and I can go on my own"? They think they're lawyers lol but as I said I'm just curious. ..and maybe looking to prove them wrong for once

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Quoting LeeLeeG

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Okay just an update I got into some trouble and my mom and stepdad said that "they cant handle me anymore and if I could get my real dad to consent to the emancipation paperwork (sign it) they'll sign it too and I can go by myself and they won't help me out financially or anything." this would never happen believe me my real dad is a control freak but does what they're saying make any sense to anyone like I've heard of this happening and being a ward of the state or taken to a shelter or being adopted but what are they talking about? It would still have to go to court right? I'm just curious I gave up on it anyway it would take too long I'd be 18 by the time everything got finalized anyway.

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Do these people understand that there IS NO PAPERWORK of the nature that they're looking for?

Did you READ the posts?

I'm just trying to prove them wrong for once they bug me out because they think they know everything. Thank you (:< merry Christmas!

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Quoting LeeLeeG

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I'm just trying to prove them wrong for once they bug me out because they think they know everything. Thank you (:< merry Christmas!

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I think I understand the majority of your friction with your parents... and I say that as the step father of a wonderful teen ager.

You want to score points... and that is a sign of immaturity. You are not following the rules. That is a sign of immaturity.

Don't bother packing.

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Quoting cyjeff

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I think I understand the majority of your friction with your parents... and I say that as the step father of a wonderful teen ager.

You want to score points... and that is a sign of immaturity. You are not following the rules. That is a sign of immaturity.

Don't bother packing.

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Co-sign, please. ;)

Actually as I said before they think they're lawyers because they go to court a lot (and they never win) they try to argue that they're always right even if the facts don't back up what they say. When I try show them that what they're saying isn't true or possible or right, they flip and make up something dumb to quash my proof. I like to prove my case because then I feel better about it but say I look it up and prove them right, I admit it to them. This is one of those cases where they're wrong. I'm not going to go immediately throw this in their face. Just if the subject happens to come up again.

Hon, I don't think you're getting it.

But have a nice holiday season, anyway.