Am I Obligated?

[loriann]

My question involves emancipation laws for the State of: NY

My 18 yr old son moved out of my home a month ago. He moved in with a friend of his and his friends mother. He has not yet gotten a job and is not attending college this fall. He does not put himself under my rulership any longer.

Being that he's not in his own apartment and not working, am I still obligated for him financially when he removed himself from my rulership and my home?

If he asks to come back home am I legally obligated to allow him to do so?

Child support was stopped because he moved out. If he moves back in would I be able to seek that support once again?

If my child gets into legal trouble am I legally responsible since he moved out?

What rights do I need to know about?

Thank you for your time on this, please know I truly appreciate it.

[Mr. Knowitall]

At 18, he's legally an adult. He doesn't want to live in your house or under your rules - that's his choice and his right. By the same token, you can tell him that he needs to get a job and support himself.

As for child support, read your child support order as well as the order terminating support. Without reading those documents, we can't tell you if it's possible to reinstate support if he moves back.

[loriann]

Thanks but that doesn't answer my questions! If he wants to move back in am I obligated? NY laws state we are legally responsible till they are 21!!!!! Him moving out (I can't force him to stay) at 18, does that change my obligations?

[Mr. Knowitall]

I thought that was pretty obvious. He's a grown-up, capable of working and supporting himself. He chose to move out - but then, as he's an adult, you could have kicked him out. If he wants to move back home you can tell him, "No."

You are confusing responsibility under child support laws with the age of majority. Yes, under a New York court order, child support can continue to the age of 21. That doesn't mean either that you can force your adult child to live at home or that you have to cut him a check if he moves out.

[loriann]

Thank you.

OK, when he moved out he took all his belongings, but asked to use my mailing address. Does that change anything? The lady he's living with is trying to tell me if he does something illegal I'm just as responsible. I told her no because he's not under my ruling. However, if he's using my mailing address does that make any difference for anything?

[Mr. Knowitall]

You need to make up your mind as to what you want - in or out. If you're voting "out", tell him to use his new address or rent a P.O. box.

And I'm not sure how many times I need to say this, but he's reached the age of majority. He's an adult. You're not responsible for the acts of independent adults.