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  1. #1
    Join Date
    Sep 2012
    Posts
    1

    Default Can I Get Emancipated to Live With an Adult Sibling

    My question involves juvenile law in the State of: Indiana
    Me and my mother are oil and water. We need time apart and we both agree that if I were to move out with my brother who is no longer a minor it would be for the best. We have come to an agreement that I should get emancipated and live in a roommate situation with my 19 year old brother. I am applying for dissability whether or not my emancipation is valid. My mother and I both agree that an emancipation is the best decision but there's one thing, is there any way that I could get emancipated and still be able to collect the child support that my father who lives three states away pays? I would still be able to survive without it, but it would make things so much easier if I had it. I'm also 17 years of age, and a senior in high school. I would get my license before I move out of my mothers house, and I know of a car that i could pay for with money I get for my birthday. So, I would be self sufficient with money (being on dissability), I would have transportation, I would have a plan for living... I just have to know about the child support issue. Would it be easier if my mother transferred custody to my brother? Or would that make it so my mother has to pay child support to him? It's all very confusing and I'd like it to be cleared up. I already have collected all the things we would need to move out on our own. And me and my mother are not fighting on the emancipation so would I have grounds to still do it even though it's not a case where I'm in danger at my own home?

  2. #2
    Join Date
    Sep 2011
    Location
    OH10
    Posts
    17,019

    Default Re: Emancipation in Indiana

    You are not going to get emancipated before age 18. If mom wants to give brother temp custody until then, she is free to do so, if dad agrees. Dad may want custody and stop paying CS. Regardless you have no specific right to CS. If you did actually qualify for emancipation, you would be self supporting and not qualify for CS. If temp custody is given by agreement of mom n dad, mom still is collecting the CS. What makes you think you will qualify for disability?

  3. #3
    Join Date
    May 2008
    Location
    Louisville, KY
    Posts
    1,877

    Default Re: Emancipation in Indiana

    Your mother could give your brother guardianship. If she does that, she'll need to forward the child support over to your brother, and your dad must be made aware of the situation.

  4. #4
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Emancipation in Indiana

    , is there any way that I could get emancipated and still be able to collect the child support that my father who lives three states away pays?
    Nope. Your emancipation means your parents are no longer responsible for you. You're on your own. If you need the child support to live, you won't be emancipated.


    If you do move in with brother and are not emancipated, your mother will continue to be due the child support until dad, mom, or brother take the issue to court. Only then would your brother possibly be able to collect the child support. Bad news for mom though because she too would then be liable for child support paid to your brother.


    Of course you have left dad out of this altogether. Your mother cannot allow you to do anything such as moving in with brother or become emancipated without dads input, if so desired.

    Unless you are emancipated, you also are not filing for disability on your own. Your legal custodian is going to have to file on your behalf and that is also who will be payee for your benefits.

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