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Parents are expected to support their children until they are emancipated, regardless of whether the children live with one, both, or neither parent

Posted in *All Posts, Child-support, Emancipation

A declaration of emancipation must be based on the facts that then exist

Posted in *All Posts, Child-support, Child-support-modification, Emancipation

A person on active duty with the military and enrolled in a service academy is emancipated from his or her parents for purposes of child support and college expenses

Posted in *All Posts, Child-support, Child-support-modification, Cost of Education, Emancipation

Once children are adults, the statutory presumption is established, and the burden of proof to rebut the presumption of emancipation shifts

Posted in *All Posts, Child-support, Emancipation

A child past the age of majority who is a full-time student, diligent in her studies, getting good grades, and still dependent on her parents, is not emancipated and is entitled to continued financial support if the parents have the ability to pay

Posted in *All Posts, Child-support, Child-support-modification, Emancipation

The essential inquiry in an emancipation case is whether the child has moved beyond the sphere of influence and responsibility exercised by a parent and obtains an independent status of his or her own

Posted in *All Posts, Child-support, Emancipation

The dependent exemption

Posted in *All Posts, Child, Child-support, Emancipation, Income Taxes

A child reaching the majority age of eighteen is prima facie evidence of emancipation

Posted in *All Posts, Child-support, Emancipation

Resolution of whether a child is emancipated requires a fact-sensitive inquiry, and the party who seeks a declaration of emancipation bears the burden of proof

Posted in *All Posts, Child-support, Emancipation

In any request for emancipation based upon a child’s post-secondary educational status, the trial court must still conduct a relevant fact-specific analysis in order to determine whether the child is outside of his parent’s sphere of influence

Posted in *All Posts, Child-support, Child-support-modification, Cost of Education, Emancipation

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www.KostroLaw.com
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