HELP emancipation question in NY state! I know this is long but please read

[ddeegan016]

Hi i have a few questions about a situation I am in. Right now i am 20 years old and i live in New York. When i was 18 i had my son and about 2 months later i moved out an attempted to live on my own. When i moved out my mother went to CSEU (Child support enforcement unit) and asked what to do about child support and they told her to cancle it, so she did. As i turns out i couldnt really support myself and almost got evicted from my apartment, so my mom and dad ended up paying a lot of my rent and bills. I stayed in my apartment with both of my parents help (as in they were paying more than half my rent, all my food, and most of my other bills). So when my lease ended i moved back in with my mom and my dad decided he wasnt going to help me anymore. So my mom asked a lawyer and they said to go start up child support again becuase i was never emancipated since i had never been able to support myself. So, she did. Now she has been recieving child support for me, for about 8 months and today we recieved a petition from my father claiming that basically i have been emancipated since 2009. Here is this list of reasons why he claims i should have been emancipated..... A)I was no longer living with either parent. B)I was of employable age. C)I was working full time. D)I had a child out of wedlock and was residing with the child's father E)I was attending college and was recieving a grant that required me to be emancipated. Now let me adress each of these statements A)This is true i was no longer living with either parent. B)Obviously i was of employable age. C)This is not true i never worked full time i was only working an average of 20 hours at the very most, and i can prove it. D)I did have a child out of wedlock but the father and me only got back together for a short period of time. E)Yes i was going to school and i have been since i moved out and i did recieve a grant..... but i do not belive i had to be a emancipated to recieve it becuase now that i live with my mom and recive child support from my father i have informed fasfa of these facts and i still recieve the same grants.

So, really i was never able to support myself and i still don't. This year i havent even worked at all and i attend college for 18 credits and i am on the Dean's list . My mom babysits for my for free so i can go to school and with out her support, and my fathers, i would be in a shelter and/or on welfare and unable to be a self-supporting individual. Am i emancipated or what? and should my mom get a lawyer becuase as far as i can see this case seems to be very unique? Thank you so much for your help i know this was a really long passage.

[ocean]

NY - child support is until age 21 or 22 if finishing up college. Have her look at her child support/divorce papers to see what hers says.

Your dad is trying to say you should of been emancipated and you probably were THEN but it really was up to dad to get it done in court. Now that you are back home, mom should be able to get it until 21.

Your mom should go to the court date and prove you are living at home now again (your license back home?). If you are going to school she may be able to get part of that money too until 21. It will depend on the judge if he agrees with your dad and back dates the emancipation date.

Your mom can go speak to a lawyer for free or $50 to see if dad has a chance. She can represent herself in court instead of paying a lawyer. The time she pays a lawyer, it will be all of this years child support. Might not be worth hiring someone.