Pregnant 17-Year-Old Wants to be Emancipated

Your benefits from your mother's death will stop when you turn 18, as long as you're enrolled in.high school and can prove it. Who received your survivors benefits and then.gives them to you? You can't receive the benefits until you're 18 without a Representative Payee.

$25,000 isn't a lot of money when you have to pay all your living expenses, food, etc for you and your baby. Working in a daycare is not making much money. The $25,000 will knock you and your baby out of assistance programs until it is gone. So don't count on it as a cushion or backup.

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Quoting Mercy&Grace

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Your benefits from your mother's death will stop when you turn 18, as long as you're enrolled in.high school and can prove it. Who received your survivors benefits and then.gives them to you? You can't receive the benefits until you're 18 without a Representative Payee.

$25,000 isn't a lot of money when you have to pay all your living expenses, food, etc for you and your baby. Working in a daycare is not making much money. The $25,000 will knock you and your baby out of assistance programs until it is gone. So don't count on it as a cushion or backup.

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She stated that her benefits have been in her name only for some time now.

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Quoting Dogmatique

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In order for the court to emancipate you, it needs to take the utmost care in deciding whether or not you can actually support yourself - and in your case, a child - without necessarily needing the state's help.

Pregnancy generally tells the court that you need more and not less supervision. There won't be any court battle, because their decision will be the end of the matter. An appeal wouldn't get you anywhere, and you can't refile elsewhere.

Once you turn 18, you're free to do whatever you want to do. And bear in mind that the state will look for just about any reason to deny an emancipation petition and the likelihood of your case being heard before you turn 18 isn't good to begin with.

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This sounds like one of those rare cases where emancipation might be appropriate. Her mother is dead, and her father is unfit and she hasn't lived with him for years. She is her own rep payee for her SSI benefits (which at least indicates that the SSA already considers her to emancipated) and she is paying rent to live where she lives. She said that she is living with friends, which would seem to indicate that she is not in their legal custody. It seems like she might already be constructively emancipated.

She appears to want legal emancipation in order to be able to get better housing for herself and her child.

I do agree however that its not likely to happen before she turns 18 anyway, so it may be a pointless exercise to attempt it.

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Quoting llworking

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She stated that her benefits have been in her name only for some time now.

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This sounds like one of those rare cases where emancipation might be appropriate. Her mother is dead, and her father is unfit and she hasn't lived with him for years. She is her own rep payee for her SSI benefits (which at least indicates that the SSA already considers her to emancipated) and she is paying rent to live where she lives. She said that she is living with friends, which would seem to indicate that she is not in their legal custody. It seems like she might already be constructively emancipated.

She appears to want legal emancipation in order to be able to get better housing for herself and her child.

I do agree however that its not likely to happen before she turns 18 anyway, so it may be a pointless exercise to attempt it.

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What Indiana says about it:

Click me!

She clearly can't support herself and her child on $800/month.

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Quoting Dogmatique

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What Indiana says about it:

Click me!

She clearly can't support herself and her child on $800/month.

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Here is the thing though...she already IS supporting herself...albeit with the help of the state. She is also going to be supporting herself and her child. She is constructively emancipated even if she is not legally emancipated...and I am not sure that she isn't already legally emancipated. She is her own rep payee for her SSI benefits. That is highly unusual for someone who is under 18, and you cannot just fill out a form to be your own rep payee as a minor.

I agree that emancipation is probably pointless here since she is going to be 18 in 6 months, but with the exception of being able to enter into a contract, she already IS constructively emancipated, and I am not sure that somehow legal emancipation didn't happen because she is her own rep payee for her SSI benefits.

She has not actually claimed to be supporting herself.

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Quoting dallasbader12

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Im ready be able to get a house in my own name and go to my own doctors appointments by myself.

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She has claimed that she buys some food and necessities of life, and pays some rent, thanks to the survivor benefits and public assistance she receives. I would not be surprised if, upon getting more details, she means she chips in toward her boyfriend's rent or lives with him at his parents' home and chips in toward their rent. If she's truly living independently and fully supporting herself on less than $800 per month plus SNAP, she can explain how she manages to do so -- but it's exceptionally unlikely that it's actually the case, even before we consider whether it's sustainable once the baby is born. The claim, "I'll get a settlement check when I turn 18," does nothing to qualify her for emancipation before that time.

Were she to document to a court that she has a long-term, sustainable plan to independently support herself and her child, and a track record that shows that she's actively managing or fully capable of managing her own financial, educational, social, medical and community affairs, might she be emancipated? It's possible. But as it stands, she's falling short on the financial side and we have barely scratched the surface on the rest.

I also agree with you that there's not much point in seeking emancipation given that she already lives independently and that she's only six months away from turning 18. By the time a court hears the case, it's likely to be three or four months. It seems like a lot of energy to pour into a dubious petition, for the possibility of an emancipation order that is not likely to have any material impact on her life.

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Quoting Mr. Knowitall

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She has not actually claimed to be supporting herself.

She has claimed that she buys some food and necessities of life, and pays some rent, thanks to the survivor benefits and public assistance she receives. I would not be surprised if, upon getting more details, she means she chips in toward her boyfriend's rent or lives with him at his parents' home and chips in toward their rent. If she's truly living independently and fully supporting herself on less than $800 per month plus SNAP, she can explain how she manages to do so -- but it's exceptionally unlikely that it's actually the case, even before we consider whether it's sustainable once the baby is born. The claim, "I'll get a settlement check when I turn 18," does nothing to qualify her for emancipation before that time.

Were she to document to a court that she has a long-term, sustainable plan to independently support herself and her child, and a track record that shows that she's actively managing or fully capable of managing her own financial, educational, social, medical and community affairs, might she be emancipated? It's possible. But as it stands, she's falling short on the financial side and we have barely scratched the surface on the rest.

I also agree with you that there's not much point in seeking emancipation given that she already lives independently and that she's only six months away from turning 18. By the time a court hears the case, it's likely to be three or four months. It seems like a lot of energy to pour into a dubious petition, for the possibility of an emancipation order that is not likely to have any material impact on her life.

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She stated that she lives with friends, pays rent and buys her own food and necessities. She may not live on her own, but it does not appear to me that anyone but the state is contributing to her support. If someone rents out a bedroom in their home that does not make their tenant their dependent.

We are talking about Indiana here, so lets use real figures...

The average three bedroom home in Indiana might rent for anywhere from 500.00 a month in rural areas to 800.00 a month in urban areas.
Utilities might be 150.00 to 200.00 a month. So, total expenses 650.00 to 1000.00 a month. Divided by three bedrooms that is 217.00 to 333.00 a month for rent and utilities per bedroom. That would leave her a minimum of 467.00 a month towards food, phone and sundries. Easily do-able.

If someone lives in a friend's guest bedroom and pays $50 a week token rent contribution that doesn't make her a tenant, either.

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Quoting cbg

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If someone lives in a friend's guest bedroom and pays $50 a week token rent contribution that doesn't make her a tenant, either.

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$50.00 a week might not be "token" rent here in Indiana. It would be on the low end, but it could be real rent.

I simply don't know if to rent a room makes one a tenant in Indiana..it sure does in some places ...but of what relevancy is that?

I'm not sure what if any advantage there is to formal emancipation there is at this point? In terms of the new childs well being it seems prudent that Mom to be takes the steps upon child birth to make sure Dad is under court order to pay support..and it might be wise to encourage new Dad to work harder/longer/ so as to bettered support his child.

It would nice to hold OPs father to his duty to support his daughter...but I doubt he has means and that is unrealistic road.

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Quoting HRinDEVON

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I simply don't know if to rent a room makes one a tenant in Indiana..it sure does in some places ...but of what relevancy is that?

I'm not sure what if any advantage there is to formal emancipation there is at this point? In terms of the new childs well being it seems prudent that Mom to be takes the steps upon child birth to make sure Dad is under court order to pay support..and it might be wise to encourage new Dad to work harder/longer/ so as to bettered support his child.

It would nice to hold OPs father to his duty to support his daughter...but I doubt he has means and that is unrealistic road.

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The only relevancy on the renting bit is to point out that she really is currently supporting herself...albeit with some help from the state.