Father claims emancipation, child support denied

Status
Not open for further replies.
C

CazualObserver

New Member
19 yrs old, parents divorcing. I've been heavily involved in equestrian sports since age 2. Trained entire life to become professional trainer/Olympic rider. Traveled to FL for horse show circuit every year. Graduated high school June 05. Mother sick with cancer beginning in Spring 05. Father refused care, left me to care for mother. Forced to defer college acceptance until mother's recovery. Returned to FL for winter horse show circuit, Jan '06. Rec'd opportunity to enroll in 4-yr professional training program with horse. Schooling for 4 years to receive professional status and enter into equestrian field as pro. Parents encouraged & supported. Put up in one of our winter homes for the course of my schooling. Trained for 6 mos. Returned to NY on many occassions during school breaks. Domestic situation at home got worse. Sept '06, father snaps, beats & rapes mother, threatens to kill her. She flees home, I stay behind to give her time to get away. I flee back to FL end of Sept. Divorce filed Oct '06. Father heavily involved with police/court, all his friends. Has private meetings w/ Judge. Father's claimed I'm emancipated since '05. Court agrees, child support & schooling fees denied. I'm not allowed to show evidence proving otherwise. No lawyers or judges will hear me. Need intervention advice, no one will listen. Searching for any kind of help.
 
What does the judgment in the lawsuit say about emancipation?
 
Child support is owed to your mother, not you.

If divorce proceedings were filed in NY emanicipation age is 21 unless you have moved out and are self supporting.

College expenses are up to the courts to award.

If your father beat and raped your mom, were the police called and a report ever filed? That is domestic violence.

Your mom desperately needs to go see a family law attorney and its possible she can petition courts to have Dad pay legal fees.
 
There was no explanation given. No one seems to know how the decision was made. All that was said was based on the evidence provided by my father, the court finds that I am indeed emancipated and that he is no longer responsible for paying my school costs or any other form of support.
 
The divorce began in Oct 2006. What no one seems to understand is because my father was a firefighter & owns a major towing company & body shop, he's friends with all police, judges, etc. If he goes to jail, his buddies just get him out. Police reports always get handled by all his cop friends. No one gets it when I say that this is something you'd see on the Court TV channel. It is so beyond unreal, no one believes the tactics being used.

Since the case started, he has had numerous private meetings with the judge, and somehow has provided enough "proof" that I have lived permanently in Florida since then. I don't know how he's done it given the fact I've been back to NY repeatedly during the time he's claimed otherwise. I visited 2 colleges in FL in Oct 2005 but returned home. In January 2006 I went to Florida, and was due to return to NY in April, however the opportunity arose for me to enroll in a training program so I could earn my professional status and BEGIN to be self-supporting. So at the encouragement of my parents, I chose to enroll. My father told me as long as I was in training, I could stay at one of our winter homes free of charge as long as I stayed focused and serious. Now the rug has been pulled out from underneath me just because he's mad at my mother.
 
Why isn't your mom fighting this for you? She is the one who needs to ask for child support. Your mom needs to see an attorney.
 
Yeah...where is ma in all this drama?
 
My mother has tried to fight this, but this case is the farthest thing from ordinary. Because of my father's connections, he managed to get the court to withhold even any TEMPORARY support since the divorce began. Since October 2006 we have not received a dime. My mother cannot work, I am in school, and any extra funds in our bank accounts have been frozen. My father is a very nasty man when things don't go his way, and so far he has only proven true all his threats of "you'll never get away, you can't survive without me." It was JUST last week that the judge finally gave us a ruling, and no one understands how because there was no meeting in court... except with my father alone, where he was allowed to present his "proof" of my emancipation. The judge ruled that my mother gets $800/month and that I'm emancipated, so therefore I get nothing. No one knows how he did it given the fact that phone records, bank statements, etc, all clearly show that I've been back & forth between NY & FL for years and continue to do so. My car still has NY plates, my license is still with New York, I still have a NY cell phone. Even though I am in a school that is technically out of state, my parents have 2 winter homes here, and I have been allowed to stay in one free of charge as long as I continue to do well in school. I am still living under his roof. We are temporary residents of both states. I was due to return to NY this month. The only reason I've stayed where I am is because of his threats. I'll say it again... the circumstances behind this case make it like something you'd only see on television.

In the end, we were told that the fight over school fees and support to maintain this lifestyle is my fight... That if I want to present my argument I would have to submit a request to the court for my right to be heard. So my mother suggested I search for some legal advice on how to seek intervention, because my father's been getting away with every lie he's set forth. I understand that I'm not simply entitled to free money while I sit around and do nothing. But that is not the case. He promised me full financial support while I focus on completing my lifelong journey into this field. I've been groomed for it since age two, and no one feels it's right that I'm suddenly left with nothing after having been accustomed to such a lifestyle. So that's why I'm looking for advice. I've seen how he's just steamrolled right over my mother in court, and I'm worried that with his connections & his authority he'll so the same to me.
 
You and mom really need to see an attorney and if your mother cannot work, she needs to apply for diasbility. Sorry we really have no other advice for you.
 
Duranie said:
You and mom really need to see an attorney and if your mother cannot work, she needs to apply for diasbility. Sorry we really have no other advice for you.
Click to expand...

Yes, I agree.
 
i find this funny becasue you are required to go to court to prove you are on your own, however if you didn't show up this may be the way your father got away with it....i know i have tried to get my ex to court and when she didnt show up the case went in my favor..something to think about
 
Status
Not open for further replies.

Share this page

Get a free case review from a lawyer
Back
Top