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My ex wishes to emancipate my son ( 20 years of age.)
I am going to court without legal councel and I just need some quick advise.
My son just lost his job but is looking for another, and is considering going back to college this semester.
If ( or even if not ) he is a full time college student, and gets a part time job, can they still emancipate him if he cannot support himself and won't my ex still have to pay support for him while he is in school ?
Thanks
What does your child support agreement say?Quote:
won't my ex still have to pay support for him while he is in school ?
This might help:
What Constitutes Emancipation To Release A
Parent From A Child Support Obligation
In Indiana, the age of termination of support is 21. Dad can't "emancipate" him just because he doesn't want to pay support anymore.
Quote:
These cases should be contrasted with the situation where a child leaves home temporarily with no intention to forego a parent's support. For example, if a child leaves home to attend college but remains dependent on the parents for support, there is no emancipation. E.g., Anderson v. Loper, 689 So. 2d 118 (Ala. Civ. App. 1996) (daughter left home and moved in with boyfriend and his parents to attend college); In re Marriage of Robinson, 629 P.2d 1069 (Colo. 1981) (child's summer employment and temporary absence from home to earn money for college did not constitute emancipation);Quillen v. Quillen, 671 N.E.2d 98 (Ind. 1996) (temporary absence from home, with intent to return to college; no emancipation found);[...]
Quote:
[...]Similarly, students who leave school temporarily to earn some money with the intention that they will return to school are not emancipated by the fact that they are working full-time for a short period of time. Turner v. Turner, 441 S.W.2d 105 (Ky. 1956); Caldwell v. Caldwell, 579 So. 2d 543 (Miss. 1991); Shutt v. Shutt, 133 Misc. 2d 81, 506 N.Y.S.2d 611 (Sup. Ct. 1986).
Quote:
Although it seems obvious, merely having a part-time job or a job that does not pay enough to support oneself does not constitute emancipation.
(Emphasis mine.)Quote:
As the law of child support seeks to impose upon parents the duty of support for longer periods of time past the age of 18, the incidence of parents seeking to have their children declared emancipated will rise. What these cases make clear, however, is that only the child's ability to care for and support him/herself will allow a parent to claim emancipation as a defense to the duty of support.
I hope that helps you out.