Child Support in Alabama

[rasberry0032]

Father wants to have 18 year old daughter, living in the state of AL, emancipated based on having her own child at age 18, living on Federal assistance. Child Support office says that it is very possible. Anyone know what the process is for this and thoughts on what the judicial system thinks of such issues...

[Lee Borden]

I honestly don't know. I'm sorry.

[m_t]

Father wants to have 18 year old daughter, living in the state of AL, emancipated based on having her own child at age 18, living on Federal assistance. Child Support office says that it is very possible. Anyone know what the process is for this and thoughts on what the judicial system thinks of such issues...

Seems to me that it makes absolute sense. She's legally an adult who has made an adult decision.

[anniewalker]

Does having a kid make you emancipated?  What if a 14 year old had a baby? Or if the child was an 18 year old boy who fathered a child? What a can of worms!!!!

[m_t]

If an adult makes an adult decision, why should their parents pay for it?

[Dallas]

If an adult makes an adult decision, why should their parents pay for it?

Does that apply to children who shoplift?

Dallas

[m_t]

If an adult makes an adult decision, why should their parents pay for it?

Does that apply to children who shoplift?

Dallas

Are children adults?

[Dallas]

Are children adults?

No.

Dallas

[m_t]

Are children adults?

No.

Dallas

Well, there's the answer to your question. 

[livealittle]

Father wants to have 18 year old daughter, living in the state of AL, emancipated based on having her own child at age 18, living on Federal assistance. Child Support office says that it is very possible. Anyone know what the process is for this and thoughts on what the judicial system thinks of such issues...

I might have found the answer...

http://www.deltabravo.net/custody/emancipate1.php

section 4 is copies below for your convenience.

IV. BECOMING PREGNANT OR HAVING A CHILD AS EMANCIPATION

While getting married constitutes an emancipation, getting pregnant and having a child does NOT constitute emancipation. The difference, reason the courts, is that in the former situation, there is an intent to substitute the parents' support for the new spouse's support, while in the latter situation, there is no intent to rid oneself of the support of the parents. In fact, in most of these cases, the pregnant child continues to live with the custodial parent and continues to depend on support from the custodial and/or non-custodial parent. In re Marriage of Clay, 670 P.2d 31 (Colo. Ct. app. 1983) (daughter not emancipated where she continued to live with her mother and depend on her for support); Doerrfeld v. Konz, 524 So. 2d 1115 (Fla. 2d DCA 1988) (minor daughter in high-school, living with her mother, was not emancipated due to pregnancy); Hicks v. Fulton County Dept. of Family & Children Services, 155 Ga. App. 1, 270 S.W.2d 254 (1980) (pregnant minor still dependent on mother's Social Security benefits); In re George, 6 Kan. App.2d 336, 988 P.2d 251 (1999) (child who quit school on her 16th birthday and then had a baby was not emancipated; child still lives with her mother and depends on her for financial support); Town of Brunswick v. LaPrise, 262 A.2d 366 (Me. 1970) (father held liable for daughter's support; fact that she was pregnant could not relieve his responsibility); Randolph v. Randolph, 26 Fam. L. Rep. (BNA) 1070 (Mo. Ct. App. Nov. 30, 1999) (17-year-old girl who moved out of parents' home after an argument, lived with boyfriend, quit school, worked at various jobs for six months, became pregnant, and then returned home was not emancipated); French v. French, 599 S.W.2d 40 (Mo. Ct. App. 1980) (pregnant daughter's receipt of AFDC benefits did not constitute new status inconsistent with continued control and support by daughter's parents); Wulff v. Wulff, 243 Neb. 616, 500 N.W.2d 845 (1993) (where daughter returned to her mother's home after she had a baby and broke up with her boyfriend, daughter was not emancipated); Bickford v. Bickford, 55 A.D.2d 719, 389 N.Y.S.2d 430 (3d Dep't 1976) (New York's Social Services Law mandates support for child until age 21 where the child is receiving public assistance and contains no exception for emancipation due to pregnancy); Thompson v. Thompson, 94 Misc. 2d 911, 405 N.Y.S.2d 974 (Fam. Ct. 1978) (pregnant daughter had not abandoned her mother's home and was thus not emancipated); see also Nuckols v. Nuckols, 12 Ohio App. 3d 94, 467 N.E.2d 259 (1983) (daughter who was pregnant was emancipated by her 18th birthday, not by her pregnancy).

On the other hand, moving out of the parents' house and into an apartment, setting up housekeeping with a partner, and having a baby can be emancipation, because the totality of the circumstances shows an intent to be free of the parents' custody, control, and support. Champagne v. Passons, 95 Cal. App. 15, 272 P. 353 (1928) (daughter had child, was engaged to child's father, spent every weekend with him, and opened joint checking account with him); Town v. Anonymous, 39 Conn. Supp. 35, 467 A.2d 687 (1983) (sixteen-year-old girl who became pregnant and moved from her parents' home to her boyfriend's home was emancipated); Rennie v. Rennie, 718 So. 2d 1091 (Miss. 1998); Parker v. Stage, 43 N.Y.S.2d 128, 400 N.Y.S.2d 794 (1977) (eighteen-year-old pregnant girl who moved out of parents' home to live with boyfriend forfeited right to parental support).

[Dallas]

Are children adults?

No.

Well, there's the answer to your question. 

It is only the answer to my question if shoplifting is not an adult decision.  How does one discern one stupid decision committed in childhood from another with respect to it being an adult decision?

Dallas

[m_t]

Are children adults?

No.

Well, there's the answer to your question. 

It is only the answer to my question if shoplifting is not an adult decision.  How does one discern one stupid decision committed in childhood from another with respect to it being an adult decision?

Dallas

So you consider 18 and living away from either parent a child?

[Dallas]

So you consider 18 and living away from either parent a child?

It's a legal question.  Personally, I don't consider 18 year olds as adults. 

Dallas

[NoLongerLost]

An 18 year old with a child, getting public assistance, can vote and join the military and go to trial as an adult. They should be ashamed to get "child support" from a parent.

I think most parents would try to assist, but writing a check as a "given" is ridiculous at this age, expecially since an 18 year old knows very well what can happen if you have sex. A 13-14 year old hears about getting pregnant, but how aware are they, really?

[Dallas]

An 18 year old with a child, getting public assistance, can vote and join the military and go to trial as an adult. They should be ashamed to get "child support" from a parent.

I think most parents would try to assist, but writing a check as a "given" is ridiculous at this age, expecially since an 18 year old knows very well what can happen if you have sex. A 13-14 year old hears about getting pregnant, but how aware are they, really?

I gave my daughter a book describing in detail human sexuality and all the issues that go with it. 

http://www.amazon.com/Cartoon-Guide-Sex-Larry-Gonick/dp/0062734318/sr=8-1/qid=1170188110/ref=pd_bbs_sr_1/102-5072143-4444102?ie=UTF8&s=books

Dallas