In New York there is no court proceeding to declare a minor emancipated.  Emancipation of a minor, typically a minor between the ages of 16 and 18, is determined by acts of the minor. The minor must be living separate and apart from their parents (or legal guardian), not living in foster care, not receiving any financial support from their parents or legal guardians and not in the custody and control of their parents or legal guardians.  Although emancipation may determined by these factors for some purposes, declaring emancipation of a minor child for child support requires court intervention. 

          In child support cases, emancipation is not automatic when these factors (or similar factors) exist.  The court will look at the “totality of the circumstances” to determine if the child’s behavior shows an intention to relinquish their parents’ control and support and the noncustodial parent can prove that the child is physically, mentally and financially able to pursue life on their own.  Pursuant to the Family Court Act, a minor is entitled to child support until the age of 21 years old.  Emancipation for child support purposes may be found when the minor child, a child less than 21 years, either:
                  a) marries
                  b) becomes gainfully employed full-time
                  c) enlists in the U. S. armed services
                  d) voluntary abandons the parents home and/or refuses to abide the

                                   reasonable rules of their parents
                  e) completes 4 academic years of college
                  f) permanently resides outside of the parents’ home

          When the minor child marries, he/she may be considered emancipated if they leave the parents’ home and the spouse provide all of the basic needs for that minor.  If, however, the child marries and still resides in the minor’s parents’ home, relying on the parents providing food, shelter, medical, etc. the minor may still be considered a dependent entitled to receive financial support from the noncustodial parent, unless the spouse of the minor lives in the home too.

          Being employed full-time does not automatically absolve the noncustodial parent of his/her obligation to pay child support.  If the minor child works full-time but either earns less than the self support reserve, which is 135% of the federal poverty guidelines, does not get medical or health insurance coverage or still relies on financial support to cover basic living expenses then he/she may still be entitled to financial support from both parents.  Even if the minor lives apart from the parents, if he/she relies on some financial support from their parents, they may not be considered emancipated.  Conversely, living in the home while working full-time does not prevent emancipation, particularly where the minor contributes to the household including paying rent.

          Enlisting in the U.S. armed services typically terminates the noncustodial parent’s obligation to pay child support, except in rare circumstances.  If while the minor child is enlisted food, clothing, shelter, etc. are required while the minor is on inactive duty,  if these necessities must be provided for by the parents then the minor child becomes dependent, therefore entitled to child support.

          Where the child abandons the home, voluntarily and unjustifiably, emancipation may occur.  In situations where the child refuses to live by the custodial parent’s rules, refuses to foster or maintain a relationship with the noncustodial parent, leaves the home without permission or consent and refuses to return, a finding of emancipation may be determined and child support terminated.  Although these cases are rare, there are instances where the court will terminate an order of support for that child.

          Choosing to live outside of the parents’ home and maintaining a household with no contribution from the parents, even where the minor child gets contributions from other family members, roommates, paramours, etc, may constitute a finding of emancipation, justifying a termination of child support.

          Although these instances are clearly outlined in the Child Support Standards Act as to what constitutes emancipation, there are circumstances where emancipation should be declared outside of these particular scenarios.  First, in situations where a minor child  becomes pregnant or fathers a child, this responsibility should not be bourne by the noncustodial parent.  However, in New York the courts may order the noncustodial to continue to provide child support for the minor child if the custodial parent can prove that he/she still provides for that child’s basic needs.  Next, a minor child who has dropped out of high school and refuses to do anything productive with their life should be forced to get a job to provide for his/her own personal and living expenses.  Even a minor child who has graduated high school but has no interest in attending college or trade school, he/she should be forced to obtain full-time employment to provide for him/herself.  However, in both of these situations the child is still considered a dependent of the parents, and remains entitled to child support.  Further, a child who works part-time but pays rent or contributes to the household expenses in the custodial parent’s home should obviate financial contribution from the noncustodial parent.

          Either way the noncustodial parent has the obligation to petition the court to modify the child support order to reflect the change in circumstances.  Even if the court does not agree that the child is emancipated, since none of the delineated scenarios are automatic, it may still find cause to deviate from the Child Support Standards Act and lower the current support obligation based on the circumstances.  However, in cases where the court does agree that the minor child has become emancipated, that determination can change at any time the circumstances change warranting a reinstatement of the child support obligation.

          The key is to maintain some communication with the child and others in the child’s life.  Expecting the custodial parent to be forthcoming about the changes in living arrangements, employment status, etc. may be expecting too much.

           Please feel free to contact for a consultation on your child support, child custody or other family law case.