Over 18 / Emancipation

Your divorce and child custody agreements are final, get practical tips for moving on with your life after divorce.

Over 18 / Emancipation

Unread postby Street Glide CVO » Tue Jan 09, 2018 11:04 pm

Now that my son has turned 18 can I openly discuss the details of our divorce and details of the child custody with him?

I am I able to make childs support payment directly to my 18 year old son directly?

Are there any legal implications if I was to offer my son the remaining sum of child support payments for the remaining 3 years that I have to pay in echange of him emancipating himself? I would rather see the money go to him.

I am a resident of New York State
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Re: Over 18 / Emancipation

Unread postby Tom Kirkpatrick » Tue Jan 09, 2018 11:15 pm

Where does S-18 live now?? Has he graduated high school?? Is he fully self-supporting?? Is he going to college??

Street Glide CVO wrote:Now that my son has turned 18 can I openly discuss the details of our divorce and details of the child custody with him?
Why would you want to do that??

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Re: Over 18 / Emancipation

Unread postby LovingDadof2 » Wed Jan 10, 2018 7:36 am

Was there infidelity involved? Is he asking or do you want to do this as some sort of revenge against your EX?

If he's asking, what's his motive? Is he upset you didn't see him more? If so, you may be able to gently explain how the court awarded parenting time but I stress gently. I am sure he loves his Mom so you need to take the high road here. What do you want to gain from such a discussion?
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Re: Over 18 / Emancipation

Unread postby lovingfatherof2 » Wed Jan 10, 2018 8:02 am

My parents never talked about their divorce in front of us or to us.

When I was 27 I asked both of them what happened, they both told me their sides of what happened.

I'm no worse off knowing what I know now but I was the one to ask.
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Re: Over 18 / Emancipation

Unread postby massdad1234 » Wed Jan 10, 2018 8:22 am

why do you want to discuss the divorce with him?
Is he attending a vocational school, community college or university?

You could attemp to have your CS applied directly to his post high school expenses, but i would visit the daddy scholarship thread.

What does your divorce decree say?
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Re: Over 18 / Emancipation

Unread postby dad2grls » Wed Jan 10, 2018 10:46 am

It's very difficult for an 18 year old in NYS to self emancipate, although it could be done but it's a series of hearings and the child has to provide good reason. It's a gamble at best and if your ex decides to oppose you it could get ugly and expensive, and might not be worth the money it will cost to hopefully be successful.

NY courts will consider allowing the noncustodial parent to pay support directly to the unemancipated child, but this is very case by case and depends on a variety of factors.

Do a search on "NY pay child support directly to child" and start reading recent decisions and see which ones were successful and how those situations may compare to yours.

Also do a search on "NY child self emancipation" to see what is involved. It starts with the child petitioning the court for self emancipation and providing clear and solid reasons for doing so.

It's not an easy process.

I don't know your back story but if your child is willing to work with you to the extent that going through all of the above procedures are even a remote possibility, wouldn't it be easier to have your son choose to live with you and then you can cease paying support to your ex and provide those funds to your child directly?
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