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. Whether your son is considered emancipated depends on the specific wording of the support order and if it extends beyond his minority. Emancipation in New York is determined on a case-by-case basis. Military emancipation is influenced by factors such as the government's level of control over the individual and their means of support.
For example, in a New York case, a child enrolled in full-time training at the U.S. Naval Academy was deemed emancipated because the government controlled his life and provided for most of his needs (10 U.S.C. § 101[d][1]; Zuckerman v. Zuckerman, 154 A.D.2d 666). Conversely, in Omohundro v. Omohundro, the Ohio Court of Appeals found that a child in the Army Reserve for drug rehabilitation and high school completion remained dependent on their custodial parent and was not emancipated. The court ruled that a temporary absence for basic training does not equate to emancipation unless there is a clear renouncement of parental rights (Omohundro v. Omohundro, 8 Ohio App.3d 318, 457 N.E.2d 324).
Regarding child support, the court may be able to stop it before your son leaves for boot camp, depending on the circumstances and the support order.
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.