If I'm 18 and in school do Ineed to be emancipated still?

[djgrubb]

I'm 18 and in school. My parents are divorced and my dad is trying to get me emancipated but said by the courts he could make me live with him and I'm not allowed to be emanicpated. Is this true? I don't think you have to be emancipated when your 18.

 

[carney]

You are an adult when you turn 18. You don't have to be emancipated.

 

[carney]

Are you still in high school? He may be saying that because if you are in high school he has to still pay child support if he is paying. If he tries to take it to court the judge wont do anything because you are 18 and the judge isn't going to force you to live with him. He's just trying to scare you.

 

[djgrubb]

Thanks, that's mostly what I figured to. Knowing my dad I figured he was just trying to scare me or something to get out of paying support. Thank you!

 

[gearhart7]

Some states emancipation age is 21. As long as you are attending school, he cannot have you emancipated especially if he is paying support. Do you live with your mother?

In Indiana, you have to prove certain things. Ex., 18, living out on your own, not in school for 4 months or more, etc. A judge is not going to let him just stop paying.

 

[djgrubb]

Some states emancipation age is 21. As long as you are attending school, he cannot have you emancipated especially if he is paying support. Do you live with your mother?

In Indiana, you have to prove certain things. Ex., 18, living out on your own, not in school for 4 months or more, etc. A judge is not going to let him just stop paying.

Well, My mother has had custody of me for about 6 years now but I am living on my own now. But I thought in Indiana once your 18 you are free to be out on your own and still in school. I've known and know now many many people who have moved out while in school. I even have a friend that is 17 who was told by a lawyer when she wanted to be emancipated that she should just wait her 9 more months until she is 18 to move out.

 

[carney]

You are right. It doens't matter if you are in college or not. 18 you are an adult and you don't have to listen to what your father is telling you. I don't know why your father is telling you such stuff or what his motive is, but he's wrong.

 

[gearhart7]

Emancipation laws are different when paying child support. My husband was paying his ex child support for his two children (15 and 18). Emancipation age IS 21 in IN. His ex-wife was fighting to NOT have the 18 year old emancipated. Just to keep him paying. We filed when the older one turned 18 and had quit school (mother let her quit). Mother kept kicking her out until we were going to court. One judge wouldn't emancipate her because she lived with her mother and wouldn't try to support herself. And because she SAID she was going to college but never filed except when we filed to the court. We waited for six months and filed for change of venue to different judge (who read the law differently).

We had to prove that she was 18, not attending school (college) for the four months prior to filing, is or is capable of supporting herself. By the time, this was all said and done she was 19. We had to pay child support until the judge SAID she was emancipated.

This is just how our case went about emancipation in INDIANA. Indiana also has child support laws about going to college after high school. They can keep you paying child support until 24 if they want to. Michigan is 18 or until graduation which ever comes last. So I hope yours works out. Have your mother call the child support office. They will tell what the laws are.

Good Luck,
Gearhart7