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How do I emancipate my 23 year old who is not attending college?

Los Angeles, CA |

Child is now 23 years old and It has come to my attention he has not been attending college since 2009-2010. We've always been close and he was Best Man at my 2011 wedding, however he continue to claim he's attending school. For 5 years?

Attorney Answers 4

Posted

Since the age of 18 the child has been "emancipated" as a matter of Caliifornia law. I think you mean "cut him loose" in economic terms. Not a legal question. By the way, many students take five years to complete undergraduate studies, but these are personal matters for your family, not legal questions.

The above is general legal and business analysis. It is not "legal advise" but analysis, and different lawyers may analyse this matter differently, especially if there are additional facts not reflected in the question. I am not your attorney until retained by a written retainer agreement signed by both of us. I am only licensed in California. See also avvo.com terms and conditions item 9, incorporated as if it was reprinted here.

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Posted

Disclaimer: The materials provided below are informational and should not be relied upon as legal advice.

I am not clear what you mean by emancipating your friend. It he chooses to attend college part-time, the process may take even longer than 5 years. If you believe you can help your friend find a suitable employment with good income, you can always make that suggestion to him.

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Posted

Legally he is an adult. If you stop supporting him financially he will either have to find a job, get a scholarship, or finish school quickly. You have to stop enabling him, sit down and discuss his future with him.

The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of California. Responses are based solely on California law unless stated otherwise.

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Posted

Is your question about paying child support? If so then child support terminated as a matter of law when your son was 18, or at his high school graduation if that happened later.
Is your question about payment of college tuition? If so there is no law requiring a parent to pay for college tuition in California. However, if you have a court order that requires you to pay for his college I would look to the terms to confirm that they require full-time courses, a grade-point average, or a term of years for your payment.

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