ExpertLaw.com Forums

What is the Process of Emancipating Myself at Age 22

Printable View

  • 09-07-2018, 10:07 PM
    Liss
    What is the Process of Emancipating Myself at Age 22
    My question involves educational/juvenile law in the State of: New York

    My parents have agreed that they will allow me to emancipate myself from them, however, we do not know how to go about doing it. I want to emancipate myself in order to be considered independent by my college. I have been living in New York for more than a year and I had all but one of the necessary requirements to qualify for residency at my New York college; the one requirement I didn't have was that I am still considered dependent (even though I pay at least 80% or more of my expenses) on my parents who live in Florida. I do not want to take out any more student loans and I would like to be eligible for more grants/scholarships available only to in-state resident students.

    Do I actually have to go to court to become emancipated? Or am I able to submit some kind of consent form to the court to be processed? I just would really like to know the whole process of it.

    Also, if assuming I were able to get emancipated, how long will it take? Once emancipated, do I have to wait until I can submit my FASFA again to be considered independent by my school?
  • 09-07-2018, 10:25 PM
    adjusterjack
    Re: What is the Process of Emancipating Myself at Age 22
    It's not emancipation that you are looking for. You were an adult at the age of 21 and have been emancipated since then.

    That you are your parents' "dependent" is an entirely different thing.

    I'm going to take a wild guess here that your dependency has to do with tax returns.

    If your parents filed for 2017 and took a deduction for you as a dependent, then it's likely that you are considered a resident of Florida.

    A simple fix would be for your parents to file an amended tax return, fed and state (FL), deleting you as a dependent and then you file an amended tax return, fed and state (NY) and take the personal exemption for yourself, making sure to show your NY address on your tax returns.

    Your parents, of course, will pay additional tax, but you will get an a refund that you can send to them if you want to.

    Both amended sets of returns can be used as documentation that you were a resident of NY in 2017 and other contemporaneous documentation (car registration, mailing address, utility bills, drivers license) should take care of the current year.

    Like I said, I'm just guessing.

    A lot depends on why you are considered a dependent of your parents and who is saying so.

    Clear that up and you may get other helpful comments.
  • 09-07-2018, 11:27 PM
    Taxing Matters
    Re: What is the Process of Emancipating Myself at Age 22
    Quote:

    Quoting adjusterjack
    View Post
    It's not emancipation that you are looking for. You were an adult at the age of 21 and have been emancipated since then.

    No Jack, you clearly didn't get what it at issue here. ;) This has nothing to do with whether the OP is an adult. It has nothing to do with taxes, either (at least not directly). His/her post was all about trying to get in state resident status at a public university to get the lower in state rates. When the students parent's are out of state the student has meet certain requirements to establish NY residency on his/her own to get the in state rates. NY requires, among other things that the student be "emancipated" from his parents, with emancipation in this context meaning financially independent from his/her parents. Consider this explanation from the State University of New York:

    The University must comply with SUNY’s administrative policy, “Establishment of Residency for Tuition Purposes,” when determining residency status. Key to any residency case is the determination of domicile, which is defined as a fixed, permanent home to which a person intends to return following an absence. In order to qualify for residency for tuition purposes, it is generally required that a New York State domicile must have been established at least one year prior to the period of registration at the University and maintained beyond that point. The burden of proof is upon the applicant through the submission of documentary evidence sufficient to demonstrate domiciliary status.

    Emancipation, including full financial independence, is a cornerstone consideration in residency determinations. Pursuant to SUNY policy, the domicile of students who are not financially independent (emancipated) is that of the custodial parent(s) or legal guardian(s). SUNY policy further specifies some of the factors to be used in determining emancipation. A student claiming emancipation must present evidence of both emancipation and a New York State domicile in order to be designated a New York State resident for tuition purposes. Proof of emancipation must include documentation demonstrating the student’s financial independence.

    (Bolding added.) As you can see, for in state college tuition purposes, a key focus is financial independence; emancipation as that word is used in languge of college tuition requirements.

    What the OP has to do is show the school that he or she is financially independent — i.e. does not get any financial support from the parents. This is not something a court can do for the OP. What OP has do to is show he or she is completely self-supporting. Now, of course, if his parents are eligible to claim the OP as a dependent on their income tax return (even if they don't actually take that exemption) then that means the OP is not self supporting because one of the requirements to be eligible to do that is that the child is not providing over half his/her own support. If the parents are eligible to claim that exemption then the parents not claiming that exemption doesn't do any good because the OP still cannot claim the exemption himself and moreover the OP is still not financially independent. The crux of this is getting the financial records together to show that the OP is self-supporting.
  • 09-08-2018, 02:59 AM
    llworking
    Re: What is the Process of Emancipating Myself at Age 22
    Quote:

    Quoting Taxing Matters
    View Post
    No Jack, you clearly didn't get what it at issue here. ;) This has nothing to do with whether the OP is an adult. It has nothing to do with taxes, either (at least not directly). His/her post was all about trying to get in state resident status at a public university to get the lower in state rates. When the students parent's are out of state the student has meet certain requirements to establish NY residency on his/her own to get the in state rates. NY requires, among other things that the student be "emancipated" from his parents, with emancipation in this context meaning financially independent from his/her parents. Consider this explanation from the State University of New York:

    The University must comply with SUNY’s administrative policy, “Establishment of Residency for Tuition Purposes,” when determining residency status. Key to any residency case is the determination of domicile, which is defined as a fixed, permanent home to which a person intends to return following an absence. In order to qualify for residency for tuition purposes, it is generally required that a New York State domicile must have been established at least one year prior to the period of registration at the University and maintained beyond that point. The burden of proof is upon the applicant through the submission of documentary evidence sufficient to demonstrate domiciliary status.

    Emancipation, including full financial independence, is a cornerstone consideration in residency determinations. Pursuant to SUNY policy, the domicile of students who are not financially independent (emancipated) is that of the custodial parent(s) or legal guardian(s). SUNY policy further specifies some of the factors to be used in determining emancipation. A student claiming emancipation must present evidence of both emancipation and a New York State domicile in order to be designated a New York State resident for tuition purposes. Proof of emancipation must include documentation demonstrating the student’s financial independence.

    (Bolding added.) As you can see, for in state college tuition purposes, a key focus is financial independence; emancipation as that word is used in languge of college tuition requirements.

    What the OP has to do is show the school that he or she is financially independent — i.e. does not get any financial support from the parents. This is not something a court can do for the OP. What OP has do to is show he or she is completely self-supporting. Now, of course, if his parents are eligible to claim the OP as a dependent on their income tax return (even if they don't actually take that exemption) then that means the OP is not self supporting because one of the requirements to be eligible to do that is that the child is not providing over half his/her own support. If the parents are eligible to claim that exemption then the parents not claiming that exemption doesn't do any good because the OP still cannot claim the exemption himself and moreover the OP is still not financially independent. The crux of this is getting the financial records together to show that the OP is self-supporting.

    I also appears that he wants to be independent for FAFSA purposes...and that is difficult to do under age 24. Generally unless you are married, have a child, are in the military, are an orphan, or are in graduate school, you are not going to be treated as independent for FAFSA purposes until you are 24.
  • 09-08-2018, 06:57 AM
    flyingron
    Re: What is the Process of Emancipating Myself at Age 22
    Yep, FAFSA doesn't care how estranged you are from your parents, if you don't meet their "independence" tests which are as LL says, tough, they still count against you in the aid scoring.
    One of the FAFSA outs is if you get a court order of emancipation, but I'm not aware of any court that will issue one to someone already an adult just to game the aid system.
    Frankly, I think FAFSA should drop that down to 21. but it is what it is.
  • 09-08-2018, 09:28 AM
    llworking
    Re: What is the Process of Emancipating Myself at Age 22
    Quote:

    Quoting flyingron
    View Post
    Yep, FAFSA doesn't care how estranged you are from your parents, if you don't meet their "independence" tests which are as LL says, tough, they still count against you in the aid scoring.
    One of the FAFSA outs is if you get a court order of emancipation, but I'm not aware of any court that will issue one to someone already an adult just to game the aid system.
    Frankly, I think FAFSA should drop that down to 21. but it is what it is.

    It used to be 21. They raised it to 24 from 21 some time ago. I do not remember exactly how long ago, but I was still married at the time so it had to be at least 30ish years ago.
  • 09-08-2018, 11:51 AM
    flyingron
    Re: What is the Process of Emancipating Myself at Age 22
    Quote:

    Quoting llworking
    View Post
    It used to be 21. They raised it to 24 from 21 some time ago. I do not remember exactly how long ago, but I was still married at the time so it had to be at least 30ish years ago.

    It was definitely before 2003 when I was doing it for my daughter. I don't think FAFSA even existed in 1977 when I was applying to college. Not that I even attempted to get financial aid as my parents were too well off. I did get a NM Scholoarship to UMCP if I wanted to go there, but I didn't/.
All times are GMT -7. The time now is 06:57 AM.
Powered by vBulletin® Version 4.2.4
Copyright © 2023 vBulletin Solutions, Inc. All rights reserved.
Copyright © 2004 - 2018 ExpertLaw.com, All Rights Reserved