Is my daughter emancipated?

Question: I live in Arkansas and my daughter turned 18 on Oct. 1, 2004. She has not been enrolled in a public school since may 2003. She said that she was going to do home school for her 11th and 12th grades. The whole 11th grade (2003-2004) we ask her for proof she was doing her home schooling and she never gave us any proof. She went to work and work the whole year. In Aug 2004 she decided she would enroll in a community college and take some courses there that would give her dual credits for college and high school. She dropped one class and failed one class. Her 19 year old boyfriend moved in with her and her mother and now she is engaged to be marry. Our divorce papers say child support continues until she turned 18 or no longer enrolled in high school. We stopped the support payments and her mother is taking us back to court because she says that she is technically still in high school because she is taking two courses at the community college to be applied to her high school credits. But there is no proof that she ever completed the 11th grade. Now she is working 2 jobs and engaged to be married and only taking 2 college courses. We do not feel we are in contempt of court. Are we right?

Answer: I cannot answer you question specifically as it applies to the laws of Arkansas as I am not licensed in the State. Generally for the child to be emancipated the child needs to be no longer progressing toward a degree. In the present case, it is difficult to say if she is presently progressing toward a degree. As the standard applies to high school, it is possible that taking two classes is sufficient. That amount of class work would usually not be enough to say a college student was progressing toward a degree. The laws of emancipation are very specific to each State and often to each judge interpreting those State Statutes. I have found that many judges are reluctant to emancipate children still attending some form of high school.

Please note that once a child is emancipated, they are emancipated for good. There is no way to unemancipate a child. Therefore, it is possible based upon the information your provided that your daughter emancipated herself prior to August 2004 when she enrolled in the community college. I would suggest that your attorney focus on that timeframe from her leaving school to enrollment in the community college.

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