Question:
My step daughter lives with her mother’s mom. She has a 1 and half year old. She was told by our local county office that she can not get support from the father of her son until her biological dad and biological mom stop paying her support. Her father (my husband) paid the mother a huge lump sum of money last year due to the fact neither children were living at home with her. Through the court they dropped the support. My stepdaughter has made bad and tough decisions, and we feel that her best interest would be to become emancipated so she can seek financial help from the father of her child. Furthermore she would also be able to seek child care to help take care of her child while she worked.
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Answer:
As an experienced Saratoga Child Support Lawyer, I often speak to clients on this type of situation. In New York, child support continues until age 21. There is no legal process for your stepdaughter to “emancipate herself.” Emancipation is a legal argument one can use to terminate child support. To be successful with that, you must allege and prove that the child is living independently, and supporting herself. Thus, as the others have said, your stepdaughter must move out, and get a full time job/support herself fully. She may want to consider consulting with DSS to see what support and services may be available to help her get out and on her feet. There may be rental assistance, grocery assistance, and even assistance with childcare available to her.
With that being said, the “emancipation” status of your stepdaughter should not effect your stepdaughter’s ability to seek and receive support from the biological father of her young child, so long as paternity has been established. She should consult with a local attorney to help her make that petition. She would be entitled to not just child support, but contribution toward insurance/medical expenses, and contribution for childcare while she is working/looking for work, or in school.
Are you dealing with a child support issue in Saratoga County or one of the surrounding counties? Contact dedicated Saratoga Child Support Lawyer Jennifer Sunderlin Morton for guidance.
This legal question was provided by Avvo and answered by Jennifer Sunderlin Morton, an experienced Saratoga Child Support Lawyer. This does not consent an attorney client relationship.
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