Can You Emancipate Your Adult Child

My question involves juvenile law in the State of: NJ

Hello,

I've looked all over the internet but can't find a direct answer to my question...
My stepdaughter moved in with us last year at age 17. She turned 18 in July, and moved in with her Grandmother last week a few towns away. She's not planning on attending college or going to a trade school. She works part time.

Can she be emancipated? I don't think she can since she is living with her Grandmother and isn't financially independent, nor does she have the means from her job to support herself.

It also seems from reading law websites that in her situation, a judge won't allow it until she's 26 in case she does go back to school or a trade school.

Also, can she still be claimed on my husband's taxes even though she's 18 and unemancipated?

Does anyone know about this? Or is it best to meet with a lawyer?

Thank you for your time and have a great night.

As she is 18, no emancipation. She is a legal adult and responsible for herself.

Emancipation is for kids who say - she's 16, both parents died, self sufficent, needs to be able to sign documents.

There is no such 26 if she wants to go to school thing.

You can change your locks tonight, she has no legal way of forcing you to let her move back in.

You do have the obligation to allow her to collect her belongings (stuff SHE has paid for and has receipts for), or drop them off at Grandma's. You don't have to give her stuff you paid for such as bed, dresser, etc. You can donate or sell those as you wish. You do not have to support her or give her a dime beyond that.

I'm not sure if you saw this was my stepdaughter, not my daughter.... My husband typed the question line thing and we don't know how to change it, I apologize for not changing it before posting.
He was asking because he had also looked for this online, and it said you had to have your child emancipated to stop child support, etc in New Jersey.

Thank you for answering though! :) Have a great evening!

The answer regarding the stoppage of child support needs to be located in the child support order issued by the court in this specific case. The court's order should very specifically identify either an exact age OR exact set of circumstances that would trigger the end of support. Generally speaking if an NCP is going to get stuck with child support during attendance of college, then the child (even if an adult at 18) would need to enter and remain in college for that support to continue. Taking time off to figure out what to do with life usually means that support would cease - BUT that wouldn't happen automatically. If dad wants support to cease for whatever valid reason, either age or because the child isn't attending school, he'll need to bring a motion before the court and ask the judge to order that support be terminated for one or both of those reasons.

Thank you Aardvarc.

My questions really isn't about child support, my husband is supposed to receive child support from his ex-wife but has never seen a dime.

My husband was wondering if she can be emancipated because she has moved out, however she is not living on her own and doesn't have the means to support herself, but she is 18. His daughter is saying she wants to be emancipated for tax reasons. (I have no idea why.... "tax reasons"... that's what she said.)

Quote:

---

Quoting Bellaslife

---

Thank you Aardvarc.

My questions really isn't about child support, my husband is supposed to receive child support from his ex-wife but has never seen a dime.

My husband was wondering if she can be emancipated because she has moved out, however she is not living on her own and doesn't have the means to support herself, but she is 18. His daughter is saying she wants to be emancipated for tax reasons. (I have no idea why.... "tax reasons"... that's what she said.)

---

There is no such thing as being emancipated for tax reasons. Someone is either someone's dependent under tax law, or they are not. For 2012 she was obviously her father's dependent.

For 2013 however - since she is 18 and has moved out, you have no obligation to support her financially.