How can I become emancipated?
Full Question:
I am 16 years old, me and my mother do not get along because she is to consumed in getting and keeping a man to notice me. My father lives in Indiana with his wife who is already expressed her dislike for his children. The only person that I can depend on for anything is me! Is there any way that I can take care of myself?
05/06/2007 |
Category: Minors ยป Emancipation... |
State: Missouri |
#3906
Answer:
You may be able to become emancipated if you meet your state's requirements. The following Missouri statutes are examples of how and when a minor is considered emancipated.
474.310. Who may make will. —
Any person of sound mind, eighteen years of age or older or any minor
emancipated by adjudication, marriage or entry into active military duty
into the military may by last will devise his or her real or personal
property and may also devise the whole or any part of his or her body to
any college, university, licensed hospital or to the state anatomical board
for use in the manner expressly provided by his or her will or otherwise.
452.370. Modification of judgment as to maintenance or support, when —
termination, when — rights of state when an assignment of support has been
made — court to have continuing jurisdiction, duties of clerk, clerk to be
"appropriate agent", when — severance of responsive pleading. —
1. Except as otherwise provided in subsection 6 of section 452.325, the
provisions of any judgment respecting maintenance or support may be
modified only upon a showing of changed circumstances so substantial and
continuing as to make the terms unreasonable. In a proceeding for
modification of any child support or maintenance judgment, the court, in
determining whether or not a substantial change in circumstances has
occurred, shall consider all financial resources of both parties, including
the extent to which the reasonable expenses of either party are, or should
be, shared by a spouse or other person with whom he or she cohabits, and
the earning capacity of a party who is not employed. If the application of
the child support guidelines and criteria set forth in section 452.340 and
applicable supreme court rules to the financial circumstances of the
parties would result in a change of child support from the existing amount
by twenty percent or more, a prima facie showing has been made of a change
of circumstances so substantial and continuing as to make the present terms
unreasonable, if the existing amount was based upon the presumed amount
pursuant to the child support guidelines.
2. When the party seeking modification has met the burden of proof set
forth in subsection 1 of this section, the child support shall be
determined in conformity with criteria set forth in section 452.340 and
applicable supreme court rules.
3. Unless otherwise agreed in writing or expressly provided in the
judgment, the obligation to pay future statutory maintenance is terminated
upon the death of either party or the remarriage of the party receiving
maintenance.
4. Unless otherwise agreed in writing or expressly provided in the
judgment, provisions for the support of a child are terminated by
emancipation of the child. The parent entitled to receive child support
shall have the duty to notify the parent obligated to pay support of the
child's emancipation and failing to do so, the parent entitled to receive
child support shall be liable to the parent obligated to pay support for
child support paid following emancipation of a minor child, plus interest.
5. If a parent has made an assignment of support rights to the division
of family services on behalf of the state as a condition of eligibility for
benefits pursuant to the Temporary Assistance for Needy Families program
and either party initiates a motion to modify the support obligation by
reducing it, the state of Missouri shall be named as a party to the
proceeding. The state shall be served with a copy of the motion by sending
it by certified mail to the director of the division of child support
enforcement.
6. The court shall have continuing personal jurisdiction over both the
obligee and the obligor of a court order for child support or maintenance
for the purpose of modifying such order. Both obligee and obligor shall
notify, in writing, the clerk of the court in which the support or
maintenance order was entered of any change of mailing address. If personal
service of the motion cannot be had in this state, the motion to modify and
notice of hearing shall be served outside the state as provided by supreme
court rule 54.14. The order may be modified only as to support or
maintenance installments which accrued subsequent to the date of personal
service. For the purpose of 42 U.S.C. 666(a)(9)(C), the circuit clerk shall
be considered the "appropriate agent" to receive notice of the motion to
modify for the obligee or the obligor, but only in those instances in which
personal service could not be had in this state.
7. If a responsive pleading raising the issues of custody or visitation
is filed in response to a motion to modify child support filed at the
request of the division of child support enforcement by a prosecuting
attorney or circuit attorney or an attorney under contract with the
division, such responsive pleading shall be severed upon request.
8. Notwithstanding any provision of this section which requires a showing
of substantial and continuing change in circumstances, in a IV-D case filed
pursuant to this section by the division of child support enforcement as
provided in section 454.400, RSMo, the court shall modify a support order
in accordance with the guidelines and criteria set forth in supreme court
rule 88.01 and any regulations thereunder if the amount in the current
order differs from the amount which would be ordered in accordance with
such guidelines or regulations.
302.178.
1. Any person between the ages of
sixteen and eighteen years who is qualified to obtain a license pursuant
to sections 302.010 to 302.340 may apply for, and the director shall
issue, an intermediate driver's license entitling the applicant, while
having such license in his or her possession, to operate a motor vehicle
of the appropriate class upon the highways of this state in conjunction
with the requirements of this section. An intermediate driver's license
shall be readily distinguishable from a license issued to those over the
age of eighteen. All applicants for an intermediate driver's license
shall:
(1) Successfully complete the examination required by section 302.173;
(2) Pay the fee required by subsection 3 of this section;
(3) Have had a temporary instruction permit issued pursuant to
subsection 1 of section 302.130 for at least a six-month period or a
valid license from another state; and
(4) Have a parent, grandparent, legal guardian, or, if the applicant
is a participant in a federal residential job training program, a driving
instructor employed by a federal residential job training program, sign
the application stating that the applicant has completed at least
forty hours of supervised driving experience under a temporary
instruction permit issued pursuant to subsection 1 of section 302.130,
or, if the applicant is an emancipated minor, the person over twenty-one
years of age who supervised such driving. For purposes of this section,
the term "emancipated minor" means a person who is at least sixteen years
of age, but less than eighteen years of age, who:
(a) Marries with the consent of the legal custodial parent or legal
guardian pursuant to section 451.080, RSMo;
(b) Has been declared emancipated by a court of competent jurisdiction;
(c) Enters active duty in the armed forces;
(d) Has written consent to the emancipation from the custodial parent
or legal guardian; or
(e) Through employment or other means provides for such person's own
food, shelter and other cost-of-living expenses;
(5) Have had no alcohol-related enforcement contacts as defined in
section 302.525 during the preceding twelve months; and
(6) Have no nonalcoholic traffic convictions for which points are
assessed pursuant to section 302.302, within the preceding six months.