Legal Question in Credit and Debt Law in North Carolina

You can't get emancipated, because you are already legally an adult.

The issue is the IRS code. Under the Code, as a 20 year old who would be in College, your mom has the right to claim you. If you work and file a tax return, you cannot file a personal exemption because your mom can still legally claim you unless you move out and fully support yourself.

You should go to the financial aid office of the school you are interested in and speak them about your options.

I agree with Attorney Love. You are a legal adult and have been one since you were 18.

The problem is that you are still considered a dependent of your mother for tax purposes if she provides you with support, i.e., if you live in her house and she provides you with food and shelter.

However, if she is not claiming you as a dependent, that means that you would claim yourself and file your own separate tax returns. I am not a tax attorney and I don't know if you exactly need to move out to a separate residence. I think all that is required is that your mother not claim you as a dependent and you file your own tax returns (if applicable) based on your own earnings. Since your mother has not filed her tax returns this is not likely to be an issue anyway since she is not claiming you.

I think its a good idea for you to meet with the financial aid office of the school regarding any loans and your eligibility. Secondarily, while your mother should talk with a CPA about her own tax issues, you might want to find out from one whether you actually need to move out or not. You also might want to run this by the school financial aid officer - the school might figure that you are still a dependent for their purposes if you live at home even if you file your own tax return. I don 't know - I am just raising this as a possibility and its something you definitely need to figure out.