Legal Question in Civil Rights Law in Virginia

emancipation

If anything regarding emancipation and me being 20 under my parents taxes and insurances? I do attend school and have to use their information for my FAFSA, just wondering if there was anything needed to be done to fully separate myself from my parents, or if I just move from home to do it?


Asked on 6/19/09, 3:51 pm

2 Answers from Attorneys

Michael Hendrickson Law Office Michael E. Hendrickson

Re: emancipation

No. if you're at least 18 years of age, your considered an adult, fully emancipated from your parents, legally speaking, if not emotionally, which appears as though it might be the case.

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Answered on 6/20/09, 12:31 pm
Sarah Grosse Sarah Grosse, Esquire

Re: emancipation

For the FAFSA, you still have to claim your parents income for the gov't to determine expected family contribution to your education expenses -- no matter whether you live with your parents or actually receive any contribution from them (with very few exceptions). You may still remain on your parents insurance policies after 18 if you are a student, but you are free to obtain your own insurance whether you live with your parents or not. If you still reside with your parents or if they support you (pay for your rent and/or bills at college), your parents may claim you as a dependant on their taxes. If you pay your own rent and bills, then you should claim yourself as a dependant on your own taxes.

So, except for the FAFSA, you can be as separate (or not) from your parents as you want after you turn 18. It doesn't require you to file any sort of emancipation papers (emancipation is a petition for a minor under 18 to be considered an adult under the law). After 18, you are a legal adult and are legally able to vote, enter into contracts, buy cigarettes (not suggested), etc.

Hope that helps.

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Answered on 6/21/09, 10:08 am


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