Financial Independence for Emancipation
Hello, I am a 17-year old living in the state of Washington looking to emancipate. I would like to know whether or not my plan to show financial stability would be good enough for the judge. My father who has legal custody of me would 100% consent to the emancipation.
I understand that if I were to emancipate I would need to be already financially independent during the time I petition for emancipation, thus being said, I understand that being a minor and only being allowed to work 20hrs/week at a minimum wage of $9.32/hr, making an annual gross income of about $8.9k would definitely not be enough to convince a judge that I am finacially independently stable. What if I were to work two part-time jobs working 40hrs/week total? My annual gross income would rise to $17.9k. If I were to get a special variance from my school and father I would then be able to work an extra 8 hours. You might say that working so many hours a week would be detrimental and affect my education, and that there's no way the judge would allow this, but I attend a special school. All my classes are online each lasting only 50 hours. You are required to login everyday and work for at least 2 hours. My school's graduation requirements are the district's bare minimum requirements. I could potentially graduate early through this program, seeing how I am a junior in high school, work at my own pace online, and only have to meet the bare minimum. If I were to work 40hrs in the legal maximum amount of days I can work a week (6), then I would need to work about 7hrs/day, 3-4 hours a day at either job. Adding on the 2 required hours for school, I would take up 10 hours including transportation out of the 16-18 hours I spend awake, giving me more time to work on my schooling. Now you're probably going to tell me that special variances are only granted for a "good cause", and that I would need to demonstate that it would not be detrimental to my health and education. To prove this, I wouldn't request my business to request the special variance till after I've been working for a month, to show that I have been keeping up my grades with a normal school and work schedule. My school hands out student of the month awards. I would work hard to win that award so maybe that could contribute to proof that the variance would not affect my education. I read that a teens financial needs counts as good cause. Well this leads me into my next point. I am already legally considered homeless because I have been couch hopping for about 4 months now. My school is required to issue me a bus pass, because I am homeless. I have a friend who lives in a two-bedroom apartment with her husband. She said she would be willing to rent her extra room out to me for $500 a month. Would having to pay this rent count as good cause since it relates to my financial needs? Also, if I showed proof of living here and paying my rent would it count as being financially independent when I request to emancipate? Is proof of paying rent for one month enough proof or would I need more than a month's proof? Currently my father pays for my phone bill. It is under a two-year contract, but also included in a family plan of 5 lines. I was wondering if it would count as financial independence if I continued to pay my dad 1/5 of the total phone bill till the two-year contract is up and then start my own contract once I emancipate, or would I have to go phoneless till I emancipate and can start my own plan? I also have created a chart of what phone I would buy, and which plan I would choose, and how much I would pay monthly, if I were to start my own plan. In fact, during my ninth grade year I took an independent living class, and in that class we learned how to budget our money and what percentage of our income should go to certain needs like rent, savings, tranportation, amenities, etc. I have developed a spending plan for the future if I were to emancipate and make an annual gross income of $17. 9k with the 40hrs/week job plan, and another one for if I am granted a special variance. I would show this to the judge as well.
So in case your got lost in everything here are the questions:
• Would working 40hrs/week at $9.32/hr be good enough for the judge to even consider my case?
• Would the judge find working so many hours detrimental even after explaining my school situation?
• If I was currently paying rent to a friend to stay in her extra room, would that count as being financially independent?
• Would proof of living there and paying rent for one month be enough to show I am financially independent when talking about paying rent?
• If I paid my father 1/5 of the phone bill till my contract is up would that be considered being financially independent? If not would I need to go phoneless till I can emancipate (if my case is granted) and start my own plan?
• Would proof of paying my father 1/5 of the bill be enough proof of financial independence when talking about phone bills?
I understand that I would need to prove to the judge that if I don't emancipare it would be detrimental to me. Well, I was thinking of recording my grades and attendance from the time school started, to the day before I move in with my friend and living financially independent, and then again from the day I move in, to the latest date before the hearing. I have tranportation issues and am legally considered homeless, because I have been couch hopping for four months now and do not have a permanent stable place to live, so I have not been able to attend to my online classes. I have been couch hopping because I was abused at home, malnourished, kicked out, told my depression and suicide attempts were lies and used for attention or to get out of going to school even after teachers and mental health therapists from my school and the District visited to talk to my parent to start helping me, I have asked for help after getting ganged up on and almost dying from suicide attempts and was ignored by them. These all happened with the people that are the only peoppe i know that woulf allow me to stay with them for free, meaning my family. If I show that my schooling is better when I'm not living with these people, by tracking my attendance, grades, and possibly being chosen for the student of the month award; showing that I'm happier and have less need to attend my mental health therapy; showing that I've gained weight and gotten taller from being fed correctly finally; then I think that should be enough to prove that not allowing me for emancipated would be detrimental. What are your opinions?
Re: Financial Independence for Emancipation
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Dogmatique
You've written a very detailed post and I have to give you kudos for that - it's very clear that you've thought about this.
There are two things though, and one is simply technical; by the time this went to court you'd likely be 18 anyway. If you live in King or Pierce Counties there's roughly a 5% chance of being emancipated. Anywhere else, and it drops to around 1%.
But the main problem is your circumstances. You're a minor who has clearly undergone some awful situations and the State will want to protect you. We just don't emancipate abused minors.
My advice is to hang on until your're 18.
And I wish you luck.
I have not yet turned 17. My birthday is on the 20th on November. Would my case still not get to court on time?
I have multiple resources I can use to my advantage that also have resources that could be used to help with tips when petitioning for emancipation, I just want to know if even after being told all of this whether or not this would be worth going through with.
I'd rather be homeless and house hopping than live in foster care or in a shelter. The friend that I would be moving in with has helped me a few times by giving me a place to sleep at night when I had no where to go and had to sleep in my car, which I no longer have and would not take with me if I were to emancipate due to bills. They fed me, are smart educated people that can actually help me with my schoolwork, they've helper me create resumes and fill out applications for jobs, and much more. My point is: living with them would be much better than living in foster care, or being homeless by far. Plus I would just feel more comfortable with them than with anyone else. I understand though this might not change anything, and will not be getting my hopes up or anything. I obviously just want to get out of my current situation.
Re: Financial Independence for Emancipation
Again, you don't meet the requirements for emancipation and you'd have a hard time getting it anyhow. We don't emancipate the abused. That's not justification.
Just because you want to work more hours isn't justification for emancipation. If your father permits you to live with someone else (and mom is not in the mood to object), you can do so without emancipation. Other than that YOU don't get to decide.
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flyingron
Again, you don't meet the requirements for emancipation and you'd have a hard time getting it anyhow. We don't emancipate the abused. That's not justification.
Just because you want to work more hours isn't justification for emancipation. If your father permits you to live with someone else (and mom is not in the mood to object), you can do so without emancipation. Other than that YOU don't get to decide.
I wasnt saying that working more hours would be justification for emancipation. Plus I wouldn't be saying I WANT to, because simply saying that isn't enough; I WOULD work more hours. I currently work one job right now and have applied at other places in hopes of getting a second job. The reason I asked about the job in the original post, is because I wanted to know whether or not that would count a bit as evidence towards financial independence since I know just working a part-time job at minimum wage at 8k/year would not be enough to prove otherwise.
I understand that the successful emancipation cases are where the minors parents have used their child's own earned income for themselves, taken out credit cards in thir child's name and ruining their credit, or anything that has to do with their child's income, but I read that emancipation isn't just a legal tool for those reasons, but also if those he minors parents have told them they cannot live with them anymore, oif the conditions at home are unsafe or unsanitary, and if the minor was physically and/or emotionally abused, which is why I looked into this.
My friend only let me stay there once or twice just overnight. If I were to be actually physically living there then I would be expected to pay rent. Although my father would consent to me living with my friend, my family would not and would do a lot to bring me back to my house where I get abused, whereas if I was emancipated then I would have legal say in where I stay, and can manage my own money the way I'd like to. Where I'm staying now I can't even go to school, which is pretty much the whole reason why I want to emancipate, so that I can live somewhere where that's possible legally. I can't stay with my father because he is homeless and couch hopping as well, but even after this, it would still be hard like you both said. I just wanted to clear some things up.
I understand that where I stay is not up to me. I feel like I'm being attacked here, but I can't ask for much since there's probably tons of cases of teenagers wanting to emancipate because they feel they aren't understood, and it gets annoying. Thank you all for taking the time to read and reply. I will look into other forms of housing.
Re: Financial Independence for Emancipation
Child labor laws do not limit the number of hours you work per job. They limit the number of hours you work. If you are limited by law to 20 hours per week, then it doesn't matter how many jobs you work, that's how many hours you may legally work.
Re: Financial Independence for Emancipation
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anonymouslyanonymous
I understand that where I stay is not up to me. I feel like I'm being attacked here, but I can't ask for much since there's probably tons of cases of teenagers wanting to emancipate because they feel they aren't understood, and it gets annoying. Thank you all for taking the time to read and reply. I will look into other forms of housing.
You have to BE financially independent and self supporting to even remotely qualify for "legal" emancipation, not just talk about it on a "what if" basis.
Right now you don't qualify and no court will award it to you.
But that's not saying you can't leave home and strike out on your own if you have a support system and resources or can rely on the kindness of others to help you along until you are an adult at 18.
You don't need "legal" emancipation to do that.
Re: Financial Independence for Emancipation
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anonymouslyanonymous
I have not yet turned 17. My birthday is on the 20th on November. Would my case still not get to court on time?
It would, yes.
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I have multiple resources I can use to my advantage that also have resources that could be used to help with tips when petitioning for emancipation, I just want to know if even after being told all of this whether or not this would be worth going through with.
Unless you are able to prove that you're capable of supporting yourself, it's just not going to happen. You will not be emancipated in order for you to go and live with your friend.
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I'd rather be homeless and house hopping than live in foster care or in a shelter.
I was afraid you'd say this. This tells me you're just not ready to be on your own legally.
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The friend that I would be moving in with has helped me a few times by giving me a place to sleep at night when I had no where to go and had to sleep in my car, which I no longer have and would not take with me if I were to emancipate due to bills. They fed me, are smart educated people that can actually help me with my schoolwork, they've helper me create resumes and fill out applications for jobs, and much more. My point is: living with them would be much better than living in foster care, or being homeless by far. Plus I would just feel more comfortable with them than with anyone else. I understand though this might not change anything, and will not be getting my hopes up or anything. I obviously just want to get out of my current situation.
Sorry - it's just not going to happen.
WA is not emancipation friendly to begin with and the court will look for any reason to deny your petition. Like every other state, they are not required to give you a reason for the denial.
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anonymouslyanonymous
I wasnt saying that working more hours would be justification for emancipation. Plus I wouldn't be saying I WANT to, because simply saying that isn't enough; I WOULD work more hours. I currently work one job right now and have applied at other places in hopes of getting a second job. The reason I asked about the job in the original post, is because I wanted to know whether or not that would count a bit as evidence towards financial independence since I know just working a part-time job at minimum wage at 8k/year would not be enough to prove otherwise.
I understand that the successful emancipation cases are where the minors parents have used their child's own earned income for themselves, taken out credit cards in thir child's name and ruining their credit, or anything that has to do with their child's income, but I read that emancipation isn't just a legal tool for those reasons, but also if those he minors parents have told them they cannot live with them anymore, oif the conditions at home are unsafe or unsanitary, and if the minor was physically and/or emotionally abused, which is why I looked into this.
My friend only let me stay there once or twice just overnight. If I were to be actually physically living there then I would be expected to pay rent. Although my father would consent to me living with my friend, my family would not and would do a lot to bring me back to my house where I get abused, whereas if I was emancipated then I would have legal say in where I stay, and can manage my own money the way I'd like to. Where I'm staying now I can't even go to school, which is pretty much the whole reason why I want to emancipate, so that I can live somewhere where that's possible legally. I can't stay with my father because he is homeless and couch hopping as well, but even after this, it would still be hard like you both said. I just wanted to clear some things up.
I understand that where I stay is not up to me. I feel like I'm being attacked here, but I can't ask for much since there's probably tons of cases of teenagers wanting to emancipate because they feel they aren't understood, and it gets annoying. Thank you all for taking the time to read and reply. I will look into other forms of housing.
Attack? Where on earth did you get that?
If you can't handle adults trying to explain legalities to you, that sends a very clear message.