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  1. #1
    Join Date
    Jun 2008
    Posts
    1

    Default Wash. St. Emancipation Of 18 Year Old?

    My question involves emancipation laws for the State of: Washington

    Situation:

    The child is 18, has graduated high school (barely), highly intelligent but lazy and unmotivated, no mental or physical disabilities, no learning disabilities.

    The divorce papers have no provision for college support or child support after 18. Father has had sole custody since divorce and received no child support from mother.

    Father tells child he will have to move out after graduation on June 30--and child has over six months notice of this. Child will be out of parental home on June 30.

    High school counselor has told father he is still responsible for paying child's college expenses if child fills out FAFSA form--even if child is living apart and self supporting.

    High school counselor said father must file emancipation forms in order to not be held responsible for 18-year-olds financial aid for college.

    QUESTION:

    None of the emancipation forms have a provision for if the child is already 18...so...is the counselor wrong? Is the child considered emancipated if he is out of the parental home and receiving no support from the father?

    If the child was forced out of the home at 18 after high school graduation, is that child still considered emancipated even though the child did not want to leave?

    If the child moves in with the biological mother, is the child considered dependent and would the father be responsible for financial aid?

    Does laziness come into play regarding an 18-year-olds ability to support himself in the eyes of the law?

    Is not wanting to work a reason to continue to be considered dependent?

    I can't find any statutes that address these issues...and I would really appreciate being pointed in the right direction.

    Thank you!

  2. #2
    Join Date
    Jul 2006
    Posts
    2,652

    Default Re: Wash. St. Emancipation Of 18 Year Old?

    High school counselor has told father he is still responsible for paying child's college expenses if child fills out FAFSA form--even if child is living apart and self supporting.

    High school counselor said father must file emancipation forms in order to not be held responsible for 18-year-olds financial aid for college.
    I will address this portion of your post and hope I can clarify it for you.

    The father is not financially responsible for the son's college expenses, unless there is an order stating that he is or the father co-signs a loan.....

    The FAFSA (Free Application for Federal Student Aid) requires information about the parents income when determining what the student will be eligible for.

    Either the counselor is not very well informed or maybe there was a misunderstanding. FAFSA does not recognize emancipation, and as you stated, the son is already 18.

    Filling out the parent's information on the FAFSA will not make the father liable for the debt the son incurs. Unless the son can answer "Yes" to any of the Dependency Questions he will be required to provide parental information for FAFSA purposes.

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