emancipation of minors

The Legalities: What Does Emancipation of Minors Actually Mean?

Did you know there are about 20 million emancipated minors living in the United States today? Emancipation is a tricky subject and one most people don’t know a lot about. You may know that emancipation allows a child to become a legal adult early, but what does that mean, and why is it done? 

Emancipation of minors can be an effective way to protect them from irresponsible parents or give them the legal rights they need. Read on to learn more about this process and what it means for minors.

What Is Emancipation? 

Legal emancipation of a minor is defined as a situation in which a judge has declared that the parents have surrendered the right to care, custody, and earnings of the child and have renounced parental duties. In simpler terms, a legally emancipated minor is allowed to (for the most part) live on their own as an adult. In almost all cases, this classification requires a court hearing.

Emancipation is sometimes used to protect children with substantial incomes from untrustworthy parents. This can include child stars and musicians, as well as minors running successful businesses. But more commonly, emancipation is used to allow a self-supporting minor to continue living on their own free of parental control. 

Partial vs. Complete Emancipation 

You might be surprised to learn that there are two basic types of emancipation: partial and complete. Complete emancipation is the more common form and the one most of us think of when we hear the term. In this type, the parents are no longer legally responsible for the child in any way and do not hold any legal power over them.

In a partial emancipation, only some of a parent’s legal power over their child gets removed. For instance, a child may get emancipated for a certain period of time as a trial run or during a special circumstance. A child may also gain the legal right to keep and spend their own income as they please or to make their own decision about a pregnancy. 

Benefits of Emancipation 

The benefits of emancipation for minors are much the same as the benefits of turning 18 and becoming a legal adult the traditional way. Emancipated minors can keep all of the income they earn and can make healthcare decisions for themselves. They can also file lawsuits, sign contracts, and apply for public benefits. 

The ability to sign contracts can be especially important for emancipated minors since it allows them to sign leases or rental agreements. They can even buy homes, cars, and other large items if they can pay cash or get approval from a lender. And emancipated minors can make decisions about which school they attend for the remainder of their education.

Limitations on Emancipation

Of course, just because a minor gets emancipated doesn’t mean they automatically have the full rights and privileges a legal adult does. The primary role of emancipation is to remove a child from the legal control of their parent. But there are still some things they may not be able to do until they turn 18 or 21.

Emancipated minors cant engage in legal activities that have age limits, such as drinking, smoking, gambling, getting tattoos, or getting married. It’s also important to note that getting married doesn’t automatically mean a minor is emancipated. Even in states where marriage is legal under the age of 18, those minors will still be under their parents’ legal control unless they apply separately for emancipation.

Age Requirements for Emancipation

It will likely come as no surprise that there are age limits on the emancipation of a minor. An 8-year-old isn’t going to be allowed to emancipate, no matter how irresponsible their parents might be. Instead, child services will get involved with the case, and the child will go into the foster care system until they are old enough to emancipate or until they turn 18.

In most states, the minimum age at which you can emancipate is 16, although some states have it as low as 14. And you might be surprised to learn that some people past the age of 18 can seek emancipation. If a mentally disabled person has not been declared a legal adult because of their condition, they can apply for emancipation even after they turn 18.

Routes to Emancipation

There are several routes by which a minor can emancipate, or become a legal adult. The first and most common, of course, is by turning 18, at which point they are in charge of their own legal issues. And in some states, joining the military under the age of 18 may result in a kind of emancipation, since soldiers are legally under government control. 

In some cases, a parent may agree to give up some or all of their parental control over their child. This may be more common in situations where a minor has a substantial personal income they’re looking to protect. And finally, a court may choose to emancipate a minor in response to some misconduct from the parent.

Learn More About Emancipation of Minors

The emancipation of minors is a challenging subject since it involves giving a child legal control over themselves. Emancipation may be partial or complete and can happen in several ways.

If you’d like to learn more about the emancipation of minors, check out the rest of our site at Family Attorneys Near Me. We can help you to connect with people who know what you’re going through and are here to help. Contact us today and search our network of more than 16,000 professionals to find the right one for you.

Child Support

Child Support: Everything You Need To Know

When two parents decide to divorce, there may be children involved who are directly affected. Child support is a type of payment that one parent makes to the other parent (or a designated legal guardian) to meet that child’s reasonable needs.

While the specific rules and regulations can differ by state, there are some general guidelines that all jurisdictions must adhere to. The topic of child support can be tricky to understand, so it’s important to know the basics.

Today, we’re taking a look at how these payments work and what you can expect if they apply to you and your family. 

Why Is Child Support Necessary?

There are many costs associated with raising a child. These include expenses related to that child’s health, education, and general maintenance. 

When one parent is required to shoulder the entire financial burden, it can be taxing and overwhelming. If a parent is tasked with providing care for a minor child who lives in his or her home, they can file for child support. In short, this is an order requiring the other parent to contribute a monthly payment to help cover the collective costs required to raise the child. 

As you can imagine, not every case goes smoothly. Divorces are emotional and personal, and requests for child support are often met with pushback and resistance. This is why each state has its own Child Support Office.

At this office, parents receive assistance on a variety of different tasks, including:

  • Opening a new child support case
  • Locating the other parent
  • Establishing parentage
  • Setting up child support payments
  • Enforcing child support orders
  • Periodically reviewing child support orders

Options for Setting Up Child Support

There are a few different ways that child support can be set up and arranged. Let’s take a look at each one. 

Separation Agreement

During a separation or divorce, parents can complete a form called a Separation Agreement. On the form, they can agree on the amount that one party will pay the other to cover the costs of child support. 

Voluntary Support Agreement 

A Voluntary Support Agreement (VSA) is a type of child support agreement that both affected parties must sign. Then, a judge will also sign it. Once that signature is added, the VSA effectively becomes a court order, which means the court can legally enforce it. 

Child Support Enforcement Agency

Your local Child Support Enforcement Agency (CSE) can serve as a resource when you want to file a child support case. They’ll walk you through all of the legal requirements and assist you as you complete the next steps. 

You’ll need to file the case in the county where the child lives or is physically present. Alternatively, you can file it in a county where one parent resides. 

Civil Complaint

Another way to officially request child support is to file a civil complaint in district court.

If you go this route, the other party will be “served” with a copy of the complaint. You can send the complaint via certified mail or arrange to have a sheriff’s deputy personally deliver it. The other party will have 30 days to provide an answer to the complaint, and they may hire an attorney for legal representation. 

How Is Child Support Calculated?

Each state has its own formula and guidelines for calculating child support. Each case is different and depends on the family’s financial circumstances. A judge will reference the guidelines to decide how much child support should be paid in each case. 

There are free online calculators that can help you estimate your monthly payments, though these are not always accurate. Most of the time, the biggest factor that affects payments is how much the parents earn. 

While some states will take the incomes of both parents into consideration, others only look at the income of the noncustodial parent. In addition, the judge will also look at the amount of time the child spends with each parent. Other factors that can affect child support payment amounts include:

  • The ages of the children 
  • If a parent is currently receiving child support or alimony from a previous marriage
  • If a parent is currently paying child support or alimony from a previous marriage
  • If a parent is responsible for children from a previous marriage
  • If a parent has an irregular income 
  • The child’s health insurance costs (and which parent is covering them)
  • The child’s daycare costs (and which parent is covering them)
  • If a parent currently has an amount deducted from their paycheck (such as union dues)
  • If a parent has a new partner who contributes to household expenses

In cases where both alimony and child support are due, the court will usually calculate child support first. Then, they will evaluate what’s left to set the alimony. 

Who May Be Required to Pay Child Support?

No matter which state you’re in, all parents are required to support their children. The only exceptions are cases where a parent’s rights have been legally terminated, or if the parent is under the age of 18. In the latter case, that person’s parents could be held responsible for paying child support until they reach the age of 18.

This applies to all children living in the United States, regardless of their citizenship or immigration status or that of their parents. 

Child Support vs. Child Custody

It’s important to distinguish between child support and child custody. While they may be intertwined, these are two separate legal issues. 

You will still be obligated to pay child support, even if the other parent/party denies you child custody or visitation time. Likewise, you can still be required to pay it even if you have a joint custody agreement in place. 

Child Support Payment Options

If the court requires you to pay child support, there are a few different ways you can do so. These include:

  • Automatic deductions from your paycheck
  • Automatic bank drafts
  • Paying online via credit or debit card

Your local CSE office can walk you through these options and help you set up any type of online payment system that applies to your case. If your case did not go through CSE, then a judge will tell you how to pay. 

Your Trusted Family Law Resource

Child support can be a complicated and complex subject to navigate. This is especially true if you’re already going through an emotionally draining and overwhelming divorce.

An experienced, qualified family lawyer can help you understand and complete all of your next steps. They’ll also be there to represent you, fight for your rights, and make sure your case is handled fairly. 

Ready to learn more and get started? Check out our page to find trusted child support lawyers in your local area!