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Will my son's entry into the Naval Academy emancipate him and end child support?

Will my son's entry into the Naval Academy emancipate him and end child support?

Q: Can you go to the Naval Academy and not join the military?

No, attending the Naval Academy comes with a commitment to serve in the military. Midshipmen are trained to become officers in the Navy or Marine Corps and are required to fulfill a service obligation after graduation. If a midshipman does not fulfill this obligation, they may face financial penalties.

Q: Do you have to serve in the military if you go to the Naval Academy?

Yes, students who attend the Naval Academy must serve in the military after graduation. This typically involves a minimum of five years of active duty service in the Navy or Marine Corps. The commitment is part of the training and education provided at the Academy.

Q: What happens if you go to the Naval Academy?

If you attend the Naval Academy, you will undergo rigorous training and education to become a naval officer. Upon graduation, you will be commissioned as an officer and required to serve in the military for at least five years. This experience prepares you for leadership roles in the Navy or Marine Corps.

Full question:

My son will be entering the Naval Academy this Fall, will this be an emancipation event, and will I be relieved of my obligation of child support? (ZUCKERMAN v. ZUCKERMAN)

Category: Minors
Subcategory: Emancipation of Minor
Date: 04/07/2025
State: New York

Answer:

To be considered emancipated, a minor typically must live independently and be financially self-supporting. Entering active military service often supports a finding of emancipation, especially if the child is financially independent of their parents. In New York, there is no specific emancipation statute; it is determined by the court based on individual circumstances.

If a divorce decree states that child support continues until the child is emancipated, a court may find that enrollment in the military terminates the support obligation. In the case of Zuckerman v. Zuckerman, the court concluded that the son became emancipated upon entering West Point, as he was considered a member of the Regular Army and received room, board, healthcare, and a monthly stipend, making him self-supporting. The father's obligation to pay child support ended at that point.

Therefore, if your son enters the Naval Academy and is financially independent, it may be viewed as an emancipation event, potentially relieving you of child support obligations.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

What is the service obligation for the Naval Academy?

Upon graduating from the Naval Academy, midshipmen are required to serve in the U.S. Navy or Marine Corps for a minimum of five years. This obligation includes active duty service and may be extended if the individual pursues additional training or education. It's important to understand that this service commitment is part of the agreement when attending the Academy.

Can you go to the Naval Academy and not join the military?

Do you have to serve in the military if you go to the Naval Academy?

Do you have to pay child support if you join the military?

Joining the military does not automatically relieve a parent of their child support obligations. However, if a service member becomes financially independent or is deemed emancipated due to military service, a court may modify or terminate child support payments. Each case is evaluated based on individual circumstances and court orders.