What Constitutes Emancipation For A Child Support Obligation?

resized gavelQuestion:

What constitutes emancipation for a child support obligation?

Answer:

While I am not licensed to practice law in your state and am unable to give you legal advice, I can give you some general observations on this issue based on the jurisdiction where I practice.

Where I do practice in Virginia, emancipation of a minor requires a finding that the minor (1) entered into a valid marriage; (2) the minor is on active duty in the armed forces; (3) the minor willingly lives separate and apart from his/her parents or guardian, with the consent of the parents or guardian, and that the minor is capable of supporting his/her self.

Even if the court finds one of these three factors to be true, it may still deny the request for emancipation. The courts are generally reluctant to grant emancipation because there is great legal consequence that comes with such a declaration, such as the ability to enter into a contract.

All issues regarding child custody, especially emancipation, are extremely fact-specific and require a specialized knowledge of local law. For these reasons I would suggest you contact an attorney who specializes in family law matters in your jurisdiction.

Remember, I am unable to provide you with anything more than tips on emancipation matters, so please contact an attorney in your jurisdiction to obtain specific advice as to the laws of Indiana and how they impact your case.

To arrange an initial consultation to discuss divorce rights for men with a Cordell & Cordell attorney, contact Cordell & Cordell.

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