When do we Emancipate?

[Darryl]

Thanks Soc,

   State is Missouri.

   Will try to be brief. Our 16 year old daughter (my stepdaughter) has just told us she is pregnant. It is a possibility she will leave our home against our will to be with her boyfriend at his parent's house when she turns 17 in two months. From what I understand we cannot legally stop her.

   We are quite certain once reality sets in that she will realize the mistake she is making and end up back on our doorstep, baby in tow. Of course we will take her back in but need to know if we must emancipate her the moment she leaves, knowing she will be back. Then we will have to support her with no help from her biological dad. She is currently in 10th grade with two years of high school left.

  Statutory law states that it is the custodial parents duty to inform the NCP and the court of emancipation, plus pay back any overpayments after emancipation.

  If it matters, there are two other children on the same CS order that will still be in the home.

  We just want to make sure we do this correctly.

1. Can you briefly explain our responsibilities or duties on this matter?

2. How does it affect the issue, if at all,  that we are not letting her go willingly (regarding consent, implied consent, no consent)?

[socrateaser]

>1. Can you briefly explain our responsibilities or duties on
>this matter?

You can always file a new petition to reestablish support. You can also file a motion on the existing case to abate any further support payments, until such time as it becomes unlikely that the child will return to your care.

That's probably what I would do. In other words, you are giving the other parent and the court notice of the child's current legal status, but not actually asking that support be permanently terminated. Then it will be up to the other parent to ask for alternative relief.

>2. How does it affect the issue, if at all,  that we are not
>letting her go willingly (regarding consent, implied consent,
>no consent)?

As you say, when she reaches 17, you will have no say in the matter, so this is irrelevant, unless, she is still a year away from 17, in which case, you could ask the court to not emancipate her and restrain her from leaving. But, in the end, the court can't really enforce such an order without tossing the child into juvenile detention, which is probably a worse solution than just letting her find her own path.

[Darryl]

>You can always file a new petition to reestablish support. You
>can also file a motion on the existing case to abate any
>further support payments, until such time as it becomes
>unlikely that the child will return to your care.
>
>That's probably what I would do. In other words, you are
>giving the other parent and the court notice of the child's
>current legal status, but not actually asking that support be
>permanently terminated. Then it will be up to the other parent
>to ask for alternative relief.


  I am a little confused Soc. There will still be 2 kids at home under the same order so we would have to have a new support amount calculated. Not sure what you mean about granting an abatement. I would think emancipation is emancipation.

  We just finally got CS ordered last week after a 21 month battle and $11,000.00 in attorney and guardian fees (our share). Now this mess. We are just tired of court!

1. How would we leave the issue open for reconsideration?

2. How do we make it simple and cheap? (Dad will be more than willing to have CS reduced)

[socrateaser]

>  I am a little confused Soc. There will still be 2 kids at
>home under the same order so we would have to have a new
>support amount calculated. Not sure what you mean about
>granting an abatement. I would think emancipation is
>emancipation.
>
>  We just finally got CS ordered last week after a 21 month
>battle and $11,000.00 in attorney and guardian fees (our
>share). Now this mess. We are just tired of court!
>
>1. How would we leave the issue open for reconsideration?

You didn't mention that there were other children still subject to the support order, so I assumed that by emancipating the child, you would be terminating the court's authority over all child support and thereby closing the case file. This would mean that you would have to petition for a new support order under a new case file later.

But, as that's not the case, and as you anticipate the child not being able to make it on her own, yet, I suggest that you offer to enter into a stipulated/agreed order "in the child's best interests" to reduce support to the amount that would be ordered were the child emancipated, rather than to go through the trouble of proving and obtaining an emancipation order.

That way, the support will be lowered, but if the kid comes back, you can simply move for a support modification to include the child again.

This isn't a sneaky move. You can tell the court what you're proposing and why (e.g., Whereas the minor child CHILDNAME, has moved out of the custodial parent's home, and WHEREAS the parties agree that it is in the children's best interests not to have the minor child declared emancipated, but rather only to reduce support to a lesser amount...blah, blah, etc., THEREFORE THE COURT HEREBY ORDERS, support shall be payable in the amount of... etc. ad nauseam), and the court will probably just rubber stamp the order and you'll be out of there with the least amount of cost possible.

>2. How do we make it simple and cheap? (Dad will be more than
>willing to have CS reduced)

See above.

[Darryl]

Thanks Soc,

   State is Missouri.

   Will try to be brief. Our 16 year old daughter (my stepdaughter) has just told us she is pregnant. It is a possibility she will leave our home against our will to be with her boyfriend at his parent's house when she turns 17 in two months. From what I understand we cannot legally stop her.

   We are quite certain once reality sets in that she will realize the mistake she is making and end up back on our doorstep, baby in tow. Of course we will take her back in but need to know if we must emancipate her the moment she leaves, knowing she will be back. Then we will have to support her with no help from her biological dad. She is currently in 10th grade with two years of high school left.

  Statutory law states that it is the custodial parents duty to inform the NCP and the court of emancipation, plus pay back any overpayments after emancipation.

  If it matters, there are two other children on the same CS order that will still be in the home.

  We just want to make sure we do this correctly.

1. Can you briefly explain our responsibilities or duties on this matter?

2. How does it affect the issue, if at all,  that we are not letting her go willingly (regarding consent, implied consent, no consent)?

[socrateaser]

>1. Can you briefly explain our responsibilities or duties on
>this matter?

You can always file a new petition to reestablish support. You can also file a motion on the existing case to abate any further support payments, until such time as it becomes unlikely that the child will return to your care.

That's probably what I would do. In other words, you are giving the other parent and the court notice of the child's current legal status, but not actually asking that support be permanently terminated. Then it will be up to the other parent to ask for alternative relief.

>2. How does it affect the issue, if at all,  that we are not
>letting her go willingly (regarding consent, implied consent,
>no consent)?

As you say, when she reaches 17, you will have no say in the matter, so this is irrelevant, unless, she is still a year away from 17, in which case, you could ask the court to not emancipate her and restrain her from leaving. But, in the end, the court can't really enforce such an order without tossing the child into juvenile detention, which is probably a worse solution than just letting her find her own path.

[Darryl]

>You can always file a new petition to reestablish support. You
>can also file a motion on the existing case to abate any
>further support payments, until such time as it becomes
>unlikely that the child will return to your care.
>
>That's probably what I would do. In other words, you are
>giving the other parent and the court notice of the child's
>current legal status, but not actually asking that support be
>permanently terminated. Then it will be up to the other parent
>to ask for alternative relief.


  I am a little confused Soc. There will still be 2 kids at home under the same order so we would have to have a new support amount calculated. Not sure what you mean about granting an abatement. I would think emancipation is emancipation.

  We just finally got CS ordered last week after a 21 month battle and $11,000.00 in attorney and guardian fees (our share). Now this mess. We are just tired of court!

1. How would we leave the issue open for reconsideration?

2. How do we make it simple and cheap? (Dad will be more than willing to have CS reduced)

[socrateaser]

>  I am a little confused Soc. There will still be 2 kids at
>home under the same order so we would have to have a new
>support amount calculated. Not sure what you mean about
>granting an abatement. I would think emancipation is
>emancipation.
>
>  We just finally got CS ordered last week after a 21 month
>battle and $11,000.00 in attorney and guardian fees (our
>share). Now this mess. We are just tired of court!
>
>1. How would we leave the issue open for reconsideration?

You didn't mention that there were other children still subject to the support order, so I assumed that by emancipating the child, you would be terminating the court's authority over all child support and thereby closing the case file. This would mean that you would have to petition for a new support order under a new case file later.

But, as that's not the case, and as you anticipate the child not being able to make it on her own, yet, I suggest that you offer to enter into a stipulated/agreed order "in the child's best interests" to reduce support to the amount that would be ordered were the child emancipated, rather than to go through the trouble of proving and obtaining an emancipation order.

That way, the support will be lowered, but if the kid comes back, you can simply move for a support modification to include the child again.

This isn't a sneaky move. You can tell the court what you're proposing and why (e.g., Whereas the minor child CHILDNAME, has moved out of the custodial parent's home, and WHEREAS the parties agree that it is in the children's best interests not to have the minor child declared emancipated, but rather only to reduce support to a lesser amount...blah, blah, etc., THEREFORE THE COURT HEREBY ORDERS, support shall be payable in the amount of... etc. ad nauseam), and the court will probably just rubber stamp the order and you'll be out of there with the least amount of cost possible.

>2. How do we make it simple and cheap? (Dad will be more than
>willing to have CS reduced)

See above.