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Category: Family Law
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Experience:  29 years as a family law lawyer .
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I am a non-custodial parent of a 15 y/o boy and the custodial

Customer Question

I am a non-custodial parent of a 15 y/o boy and the custodial mother has told me she is emancipating her son due to his behavior. He is having a child in June/July and I was told if i dont emancipate with her, i will be responsible for his support as well as his future child's. I dont believe this is true, but i cannot find anything to back that up in the RCW's. Can you clarify this? She has been on welfare since he was born and i have always paid child support on time.
Submitted: 4 years ago.
Category: Family Law
Expert:  RayAnswers replied 4 years ago.
Thanks for your question. A judge here would not grant this with child so young.Emancipation here requires a child be self supporting.Judge wouldn't grant this or even consider it.I have no clue here why she thinks this can happen.Just not possible.

Quoting RCW 13.64.020 - Petition for emancipation - Filing fees.
(1) A petition for emancipation shall be signed and verified by the petitioner, and shall include the following information: (a) The full name of the petitioner, the petitioner's birthdate, and the state and county of birth; (b) a certified copy of the petitioner's birth certificate; (c) the name and last known address of the petitioner's parent or parents, guardian, or custodian; (d) the petitioner's present address, and length of residence at that address; (e) a declaration by the petitioner indicating that he or she has the ability to manage his or her financial affairs, including any supporting information; and (f) a declaration by the petitioner indicating that he or she has the ability to manage his or her personal, social, educational, and nonfinancial affairs, including any supporting information.

(2) Fees for this section are set under RCW 36.18.014.
The petitioner must prove at a hearing by "clear and convincing evidence: (a) That the petitioner is sixteen years of age or older; (b) that the petitioner is a resident of the state; (c) that the petitioner has the ability to manage his or her financial affairs; and (d) that the petitioner has the ability to manage his or her personal, social, educational, and nonfinancial affairs." RCW 13.64.050.

Edited by RayAnswers on 4/1/2010 at 2:59 AM EST
RayAnswers, Lawyer
Category: Family Law
Satisfied Customers: 29233
Experience: 29 years as a family law lawyer .
RayAnswers and 5 other Family Law Specialists are ready to help you
Customer: replied 4 years ago.

1.So what are her options for dissolving her relationship with him?

2.Does that force me to take custody?

3. If she dissolves her relationship with him, does my child support and parental status end?

Expert:  RayAnswers replied 4 years ago.

1.So what are her options for dissolving her relationship with him?Law requires her to provide for child.If he lives with you then she pays support

2.Does that force me to take custody?Somebody has too

3. If she dissolves her relationship with him, does my child support and parental status end?You would go back to court here and have court award you support and custody

Customer: replied 4 years ago.

Will i be held responsible for child support for his forthcoming child once it is born?

Expert:  RayAnswers replied 4 years ago.
Both of you are since he is minor.They add up both your incomes here and set support if mother files.
Customer: replied 4 years ago.

can you tell me what RCW states that?

Customer: replied 4 years ago.
funny. what EXACT rcw states that.
Expert:  RayAnswers replied 4 years ago.
Sorry its been a long day, thought you asked what it sood for.Here is information about support.You are liable for your child until age 18 or high shool graduation.If the mother files for support since he is minor the courts would add up both parents income here and set support.You would get credit for at least one other child here--the teen.




reference

Teenage Parents

Each year thousands of teenage girls, some as young as 12, enter into the AFDC system because they become pregnant. These girls are eligible to receive welfare benefits for their children because the fathers are almost always noncustodial. Many of the fathers are also teenagers still attending high school and are frequently unable to pay CHILD SUPPORT because of their lack of income. These cases, commonly called "minor-mother" cases, are automatically referred to the state child support enforcement agency by the welfare department. When the agency receives a minor-mother referral, it begins LEGAL PROCEEDINGS against three parties: the father of the minor-mother, the mother of the minor-mother, and the father of the minor-mother's child. Because the parents of minor-mothers are legally responsible to support their daughters until EMANCIPATION, they must pay child support for their minor-mother daughters. The Welfare Reform Act has enacted important changes for teenage parents and minor-mothers. In order for a minor-mother to be eligible to receive AFDC benefits, she must enroll in high school or a state-approved GED program and live under adult supervision. The Welfare Reform Act has thus eliminated the enticement of physical and financial independence from one's parents. Another significant change implemented by the Welfare Reform Act is that parents of a noncustodial teenage father (the grandparents of the minor-mother's child) are liable to pay child support until their teenage son emancipates, if the minor-mother receives welfare. Prior to enactment of the Welfare Reform Act, grandparents were never liable to pay child support for their grandchildren, and the government could not collect child support from a minor-father until he became employed.

Additionally, the parents of a minor teenage noncustodial parent may face PATERNITY action requests for child support from them, rather than the father of the newborn. When a minor child gives birth, that minor child is responsible for her baby, and the minor's parents remain responsible for her. However, if the young person under the age of 18 continues to live at home, the grandparents' income will be "deemed available" to the grandchild to determine eligibility for Temporary Assistance to Needy Families (TANF), and the mother may seek through the court to have the paternal grandparent's income "deemed available" for child support purposes.




Edited by RayAnswers on 4/1/2010 at 3:36 AM EST
Customer: replied 4 years ago.
thank you very much for your help on this. since i have only been a monthly check to my child since he was born, never had contact with him or his mother, she has always been on welfare since his birth and the birth of her other 3 kids, do i have any options to legally separate from this? He has a criminal background, has had restraining orders against him, been in treatment and escaped, etc. I have never had any support from his mother to legally separate from him due to her dependance on my support payments. Thoughts?
Expert:  RayAnswers replied 4 years ago.
You either take custody or likely the state does and both of you pay support.He probably need residential treatment here.Likely she lets him leave and he goes out on his own.
RayAnswers, Lawyer
Category: Family Law
Satisfied Customers: 29233
Experience: 29 years as a family law lawyer .
RayAnswers and 5 other Family Law Specialists are ready to help you
Customer: replied 4 years ago.
Thank you.
Expert:  RayAnswers replied 4 years ago.
You're welcome and the best.

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