Do I Qualify to Get Emancipated

[LeeLeeG]

My question involves juvenile law in the State of: New Jersey

I will be 17 in march of 2012. I currently attend online school and will have my diploma very soon. I pay bills (to my mother and stepfather; nothing in my name) I have a job and am also looking for a second job. I pay for all of my own clothes, food, etc and I take the bus to work. I know to be emancipated I have to already be living On my own I believe but how can I do that my parents don't allow me to do anything. I don't mind cooking and cleaning but the fact that they treat me like such a child is ridiculous. They get as much money out of me as they can. Every month it's something new. I can obviously support myself and take care of myself. I just can't handle them breaking me down anymore. Do I qualify to be emancipated? If I try and fail it will just get worse! Please help.

[Dogmatique]

How much are you paying in rent each month? How much in utilities? How much for health insurance, car insurance etc.,?

[LeeLeeG]

One of their rules is that as long as I live in their house I cannot drive. So I don't pay car insurance. I pay my phone bill ($30) and for online school ($40). They take the rest out themselves. At first they were taking 20% of my paycheck every month but now they take however much they want. I make roughly $500 a month but I am looking for a second Job because that isn't enough to support myself. As for health insurance I do not have any because my real father has that responsibility as it says in the divorce decree but he doesn't pay child support and I am inactive on his insurance policy according to the insurance company. I usually have roughly $75 left over from each paycheck for saving because that's what my mommy dearest leaves me with.

[Dogmatique]

Your problem is several-fold.

First, NJ does not have an emancipation statute. Second, if there was any chance of you convincing a local judge that you should be emancipated you're going to fail at the first hurdle - you don't earn anywhere near enough.

Finally, you're 17. Even if you filed a petition of some sort, it likely wouldn't be heard until you turned 18 anyway - and as of that point, you're free to leave no matter what.

Sorry.

[LeeLeeG]

I'll be 17 soon and I start my second job in a few weeks I just am not sure how much I'd make I mean it's obviously minimum wage but I'm not sure how many hours they'll give me. I work 25 hours a week thus far and as a minor I believe the maximum amount of hours is 40? So let's say roughly $1,660 a month (before taxes) ($7.25/hr x 40hr/week = $290 x 4 weeks/month) I believe. Would that be enough? Idk what do you think I should do? I escaped one abusive parent to deal with my stupid greedy other one.

[Dogmatique]

New Jersey doesn't have a statute allowing for the emancipation of minors.

Emancipation, when it does happen, happens in VERY limited circumstances (military enlistment is the one that springs to mind).

[LeeLeeG]

Yeah and you need parental permission for that -.- thank you. But how does one go about getting emancipated from one parent atleast? (my parents are divorced, I do not see my real dad, he does not pay child support, he was abusive and DYFS was involved everytime we tried to have a relationship) my mother says he pays child support but she said it only covers the grocery bill which I work so much I'm never home to eat anyway. Is there a way I can get emancipated from him atleast?

[cbg]

There is no such thing as emancipation from one parent and not the other. Either you are emancipated or your're not.

Unless you are living on your own and paying 100% of your own expenses, then you cannot be emancipated. And if your parents say that you cannot move out on your own, then that's it. Emancipation will not be an option for you.

Emancipation is not a right. And emancipation is not and never was intended to be a means to allow a minor to leave home before her parents want her to. As long as you are under 18, you live where your parents say you live. If your parents say that you live with your mom, and if living with your mom means that you cannot be emancipated, then that's the ball game - you cannot be emancipated. Period.

[LeeLeeG]

Okay. Thank you. Another odd question what happens if my real dad gives up his parental rights does that mean the child support stops and I can do it that way? I just don't like the fact that my mom says "he never did anything but hurt you all your life. Let him pay you. You deserve it." but I don't want/need his money I just want to move on.

The only other family member I have is going to have a joint bank account with me (so I can get paid from work and my parents can't take my money) and also adding me to their phone plan so I can pay the money to them and my real parents can't threaten to take my phone or blah blah even though I pay for it. Can I do this as well?

[jk]

I hate to be the bearer of bad news but your parents can still take your phone. While under their roof, you are subject to their rules.


Your father cannot just give up his parental rights. It would take an action by your mother and even then, there would have to be a justification to severe your fathers parental rights.

but yes, if your fathers parental rights were terminated, the child support to your mother would stop, except for any delinquent money owed. He would not owe you a penny.

Child support is not to be paid to you. It goes to the custodial parent to assist in the costs of raising a child.