Can your father emancipate you if you are 18, and do not have a job, But starting college in the fall?
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Can your father emancipate you if you are 18, and do not have a job, But starting college in the fall?
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I am 18, received my high school equivalent diploma in February 2008, My dad yells at me all the time about not having a job. I have really bad anxiety and have problems going into places and getting applications and doing the interviews. Mostly meeting new people. I am not medicated for my anxiety but have an IEP that states i have severe depression, anxiety, and possible ADD. I take no medicine for any of it. I was on the phone with him tonight, he treated me like **** like usual, telling me to shut my f****** mouth. Saying i will be on welfare when im 21. He pretty much tells me im a failure. I am a guitar player trying to pursue my dreams like every child is told when you are a kid " You can be anything you want to be". My "Father" wants to take my dreams from me. I need to know what sort of defense i have. We have court February 20th, to emancipate me and take my child support away. I need as much advice possible. Thanks. Additional Details The new york state law is your parent has to support you until you are 21. My brother's child support just stopped and he just turned 21. In new york, your parent is responsible for you til you are 21.
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evilattorney
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At 18, you're an adult. You don't need to be emancipated by a court. You've been emancipated by force of law. And, unless there's a court order to the contrary, once you reach 18, your parents no longer have to support you in any way. |
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N S
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Unless there is a special arrangement from a divorce or something your father doesn't have to support you once you turn 18. If you have an anxiety disorder and he's yelling at you maybe you could look into family counseling, but he doesn't sound interested. The fact that you have a court date about this suggests that maybe you need to add some details though. Your IEP might be a good starting point to look for other assistance beyond your father.
I don't know where you live, but for instance, in New York State, there is an organization called VESID that helps people with disabilities get higher education. They aren't likely to help you with your dreams of being a guitar player, but they might help you get a job that can support you that you can use as your 'day job' while you pursue your dreams. There are also agencies that help place you in a job. You might even be able to get a job coach. Not all places have services like these though. Actually, being emancipated may actually help you become eligible for more help. I know a lot of college aid figures your parents income along with yours unless you are formally declared independent.
I'd also suggest trying getting a good doctor and a support group. You want someone who can talk to you about your options, whether it's getting you some good counseling and job training or medication. Medication can have side effects, but it's usually pretty good at at least fixing what it's supposed to fix. If you are not able to work you could apply for disability.
In the U.S., without a work history of your own you would only be eligible for S.S.I. unless one of your parents is retired. (If one of them is retired you can file under them. It doesn't matter if your emancipated or not. You can file as an adult dependent and collect S.S.D., which gets you more money but doesn't cover as many health care expenses.)
Getting approved for disability, especially for psychological or learning disabilities can be tough and would take at least six months, but if you honestly are having that much trouble with anxiety it might be an option. It's not a lot of money, but it can keep a roof over your head, and the IEP at least means you have some documentation to start the process. Stay on top of this. Trust me, you don't want to get caught without health insurance, especially if you decide later you want to try some of the medications to treat depression and anxiety. You might want to check to see if your area has any independent living centers. They are a non-profit organization that helps people with a wide range of disabilities navigate getting services. The ones I've had contact with are really helpful, whether it's telling you how to apply for benefits or putting you in touch with other organizations, they can really help.
Edit- Definitely contact VESID and your local Independent Living Center. New York State has some of the best support systems in place in the country. If you have a clear plan for a job you want (that 'day job') I was talking about before, VESID will work with you and pay for a lot of your college bills. The fact that you have an IEP in place gives you a big leg up in the process.
Here's a list of Living Centers in NYS-
http://www.nls.org/ilc.htm |
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Stevie
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Youre 18... he can kick your butt out of his house and not pay you a cent and theres nothing you can do about it.
You need to get yourself of medication for your problems, get a job, and then try pursuing the 'dream of a guitar player'
welcome to being an adult... you have to push your dreams aside and deal with reality first. |
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litbitch
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Once you're 18, he has no legal obligation to help you, as it's no longer "child support." It's rough, but that's life. Sorry to hear about your situation. |
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Pat
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Everyone gave you the right answers to your questions.
Now, see a doctor about your medical conditions. |
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mgunnycappo
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If you're not a full time student he doesn't have to pay child support for you any more. You're legally an adult. If you were a full time student he'd only have to pay until you were 19. Why not get off your lazy butt and try to do something. Did you ever stop to think that maybe your dad is tired after a long day of work and has to come home and see his son strumming away on a guitar. That would make me a bit upset too. Do you do housework, do the yardwork, wash the car. How about pay rent?
So basically you're upset because your dad wants you to actually grow up and support yourself. Wow what a terrible person he is. If I were him I'd set a date as to when you had to get a job. Then I'd set the rent for you. If you failed to find a job or pay then you'd be out on your lazy butt. Do you think it's his job to support you forever?
Grow up and be a man and stop whining. Join the military. That's what many boys do to grow up. |
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dizzkat
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At 18 you are a legal adult and unless other arrangements were made, he no longer has to support you. Why are you not on any meds? If you are experiencing such difficulty in performing normal life tasks, you need to get some help. If you are truly disabled, you need a doctor to sign off on this so you can apply for disability benefits through social security.
You CAN be what you want to be, but you need to work to support yourself in the meantime. |
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Gordon C
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Sorry to read about the position you are in but could it be your father is worried about you & thinks you are chasing a dream that will not support you or your child in real life .True he might not be going about it in a way you apreciate but then might it be frustration on his part as you do not listen. A dream is a great thing but it takes cash to follow it else you can end in the gutter. It is well known that what you wish to be is a long struggle that only a few manage and the journey is loaded against you with liars/cheats & worse. I do not think your Dad wants to take from you - only protect you.
Show him my answer and see what he says ! |
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Bryan E
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actually he can, parents can disown there children if they have a good reason, like violence at home. serious things like that. i dont think you have to worry because if the judge sees that you have problems he wouldn't do anything to jeopardize your well being.
hope this helped good luck |
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Jeannie Out of the Bottle
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He probably is going to court to cease child support following an ambiguous custody agreement. Arkansas, Hawaii, Indiana, Nebraska,
Nevada,New Hampshire and West Virginia have no laws regarding child support at 18 years old or older. California, Connecticut,Illinois,
Mississippi, Missouri, New Jersey, South Carolina, Tennessee,
Washington and Wyoming have laws allowing post secondary education support. The remaining states either disallow it or have restrictions.
http://www.ncsl.org/programs/cyf/educate.htm
Only Alabama and Nebraska have 19 as the age of majority and Mississippi is the sole state that sets it at 21. If you reside in another state, you do not need emancipation. |
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