Full question:
My 18 year old son has enlisted in the New York Army National Guard Reserves. He has NOT enlisted full time. Is he still going to be considered emancipated when he is only in the Reserves? He leaves for boot camp on 7/24/07 and I have a court date with his father on 7/17/07. Can the courts order child support to be stopped before he actually leaves for boot camp?
- Category: Minors
- Subcategory: Emancipation of Minor
- Date:
- State: New York
Answer:
The age of majority in New York is 18. The answer depends on the wording of the support order and whether it extends past minority. Emancipation in New York is interpreted by the facts in each case. Military emancipation depends on the Government's degree of control over the individual, the means of support, and other factors. The following is from a New York opinion:
"Since the parties' child enrolled in full-time training duty at the
U.S. Naval Academy at Annapolis and his life at Annapolis was largely
controlled by the government, which also provided for the bulk of his
material needs, he was clearly engaged in "active military service" to
render him emancipated (see 10 U.S.C. § 101[d][1]; Zuckerman v.
Zuckerman, 154 A.D.2d 666)."
In Omohundro v. Omohundro, 8 Ohio App.3d 318,
457 N.E.2d 324 (1982), the Ohio Court of Appeals concluded that a child who
entered the United States Army Reserve for the purposes of
attending a drug rehabilitation program and to finish high
school, continued to be dependant upon his custodial parent and
therefore was not emancipated. The court found that the minor's
absence from his mother's home for the purpose of basic training
was "temporary," and that upon his return home, she continued to
support him. The court held that temporary support from another
source followed by a resumption of parental support does not
necessarily constitute emancipation unless there is an
accompanying renouncement of parental rights. Id. at 320-21,
457 N.E.2d at 326.
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.
