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Child’s Unemancipated Status Was Revived Entitling Father to Child Support

The Fourth Department determined the child’s moving in with father after becoming emancipated by leaving mother’s residence revived his unemancipated status, thereby entitling father to child support.  The child left mother to avoid her rules, including rules prohibiting the use of drugs. After living with friends for a while, the child sought treatment for drug addiction.  It was thereafter the child moved in with father:

“[T]he case law makes clear that a child’s unemancipated status may be revived provided there has been a sufficient change in circumstances to warrant the corresponding change in status” … . “Permitting reversion to unemancipated status is consistent with the statutory principle that parents are responsible for the support of their dependent children until the children attain the age of 21” … . Generally, a return to the parents’ custody and control has been deemed sufficient to revive a child’s unemancipated status … . Although most of the cases concerning a revival of a child’s unemancipated status involve a child’s return to the home that he or she abandoned versus the home of the noncustodial parent …, we conclude that the return to the noncustodial parent’s supervision and control does not preclude a revival of unemancipated status inasmuch as it has generally been held that “the move from one parent’s home to the other parent’s home does not constitute emancipation as th[e] child is neither self-supporting nor free from parental control” … . In this case, the child did not immediately move in with the father after flouting the mother’s rules … . Rather, he engaged in treatment for his addiction and then resumed living under the supervision and control of a parent while attending school. Baker v Baker, 2015 NY Slip Op 05045, 4th Dept 6-12-15

 

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