Emancipation of a minor in New York
When it comes to child support, if you are a non-custodial parent you will have to support your children financially until they turn 21 or special circumstances apply. One of those possible circumstances is early emancipation granted by the court.
Emancipated minors are those who have the legal authority to assume most adult responsibilities before they reach the age of majority. Because they are no longer regarded as being under the care and control of a custodial parent, any support payment requirements may end once emancipation status is granted.
Below is a list of common grounds for a successful emancipation application.
Leaving the custodial parent’s home
The New York Court of Appeals has confirmed that when a minor decides to permanently leave their custodial parent’s home, they forfeit the right to support if the following circumstances apply:
- They are at least 16 and in full possession of their faculties
- They leave the home voluntarily
- The custodial parent opposes the move
- They are deliberately seeking to evade parental control
This condition for emancipation does not apply, however, if your child’s decision to leave was due to outside pressure, such as a home environment rendered unsafe by drug and alcohol abuse. In this situation, your obligation to support him or her remains.
Becoming self-supporting
The celebrity magazines are always reporting cases of underage singers and actors who seek emancipation and receive it. One of the reasons why their application succeeds is that they are usually high earners capable of supporting themselves financially.
In New York, your child may be emancipated if they are aged 16 or over and get a full-time job. (This does not include summer jobs during school break.) If they stop working full-time before the age of 21 and no other emancipation event applies, your responsibility to support them resumes.
Courts have often declared a child emancipated if they work 30 to 35 hours a week, cover their own expenses such as car payments, gas, and phone bills, and pay room and board to their custodial parent.
Joining the military
New York courts have held that if your minor child joins the U.S. military, then they are emancipated. If, however, they are discharged before they turn 21, then your financial support must resume.
Getting married
If your child is under 21 and marries someone against your will and that of your former spouse, the court is likely to declare them emancipated because they have made a clear attempt to evade parental control. If, however, that child marries someone under 21 with the blessing of all parents, then you will still need to support him or her, especially if the custodial parent retains parental control.
It is important to be aware that emancipation is not always automatic. Even if you believe that your son or daughter no longer legally requires your financial support, do not cease payments until you make an application to the court to declare the child emancipated and terminate the support order. Otherwise you risk being assessed with child support arrears at best and contempt of court at worst. A New York family law attorney can advise you in this regard and help you ensure that you proceed according to law in this regard.
If you are dealing with a child emancipation issue or other family court matter then contact the attorneys of Eskin & Eskin, P.C. We are a family law firm for family law matters. Our attorneys are highly experienced and appear in court regularly. Our office is conveniently located near the Bronx courthouses. We offer free consultations and can be reached at 718-402-5204. Visit www.EskinAndEskinLaw.com to learn more about us.
