What to do about my ex-spouse wanting to emancipate our daughter?

I live in a state in which it just changed the law to emancipate children when they are 19 instead of 21. I have a 19 year old daughter who lives with me and goes to college full-time. I just received court papers from my ex’s attorney stating they want a court date to emancipate her. I can’t afford to spend money on an attorney for an issue which I am going to lose anyway. Do I have to go to court? Can this be handled any other way? I do not know what to do.

Asked on September 2, 2012 under Family Law, Indiana


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

All because he does not want to pay support for her any longer or for college, correct?  I would consult with an attorney in your state as to your agreement, when it was made, your reliance on the state law and the terms incorporated in the agreement AND your daughter's reliance on same through college.  For example, if the law had been 19 when you were divorcing you would have probably negotiated support for longer AND college.  But because the law was 21 maybe you did not need to do that at the time.  It is worth inquiring.  And you can always negotiate now rather than go back to court.  Good luck.

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