What happens when you emancipate a disabled child?

1

1ConcernedParent

New Member
Jurisdiction
South Carolina
Hi, my Ex-husband knowingly emancipated my disabled child when they turned 18 to get out of child support. DSS says they can't help because of the emancipation order. He knowingly financially neglected his disabled child and I'm shocked there is no protection for these kids for this through DSS. Is there anything else I can do? I'm still having a hard time grasping how anyone could do this to their child especially a child who is disabled. I want to help them be as independent as possible but they can't work enough to support themselves because of all of their health issues. Any help is much appreciated. Thank you!
 
1ConcernedParent said:
Hi, my Ex-husband knowingly emancipated my disabled child when they turned 18 to get out of child support. DSS says they can't help because of the emancipation order. He knowingly financially neglected his disabled child and I'm shocked there is no protection for these kids for this through DSS. Is there anything else I can do? I'm still having a hard time grasping how anyone could do this to their child especially a child who is disabled. I want to help them be as independent as possible but they can't work enough to support themselves because of all of their health issues. Any help is much appreciated. Thank you!
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Your ex-husband did not "emancipate" his child. Your child simply aged out. Is your child incompetent to the point that a guardianship/conservatorship is appropriate?
 
Zigner said:
Your ex-husband did not "emancipate" his child. Your child simply aged out. Is your child incompetent to the point that a guardianship/conservatorship is appropriate?
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I'm honestly not sure. They have autism, functional neurological disorder, seizures, POTS with dysautonomia, and severe anxiety. They can't stand for long periods of times, struggle with social interactions, and doing many adult tasks like calling to schedule an appointment or balancing a checkbook. They are high functioning but cognitively I would say they're on a 13yr old level. They will always need an adult to keep up with their medication and oversee them because going to the store and getting things they need can be overwhelming and lead to anxiety attack or seizure and like many conditions sometimes they have good weeks but overall need help.
 
Are you saying that the judge ordered that he was no longer obligated to pay support? If so, why didn't you go to court to argue against that order based on the disability of your ...

Wait a second. Is this also YOUR child?
 
1ConcernedParent said:
I forgot to mention he had an emancipation order signed by a judge. Not sure if it makes a difference?
Click to expand...

It might make a difference.

It suggests that there might have been a previous court order that had to be quashed or amended.

Zigner raises an important point. You're going to have to explain things better.

If this is a child support issue, you should consult an attorney.
 
Zigner said:
Are you saying that the judge ordered that he was no longer obligated to pay support? If so, why didn't you go to court to argue against that order based on the disability of your ...

Wait a second. Is this also YOUR child?
Click to expand...
Hi yes he got the emancipation order to get out of child support when they turned 18. I had no idea he had done this and received no notice from the court which I thought was odd. I did not find out until months later when I attempted to collect back child support through DSS. I would have gone if I'd known. Im the Mom.
 
adjusterjack said:
It might make a difference.

It suggests that there might have been a previous court order that had to be quashed or amended.

Zigner raises an important point. You're going to have to explain things better.

If this is a child support issue, you should consult an attorney.
Click to expand...
Yes there was a previous order and sadly it was before I knew about all of my child's health issues. I tried legal aid but they don't do child support. I'm not sure I can afford an attorney. I've been living on prayers and good luck as I'm the sole supporter of my child now. Something I had not planned for
 
Emancipation in SC differs somewhat from what it means in the vast majority of states and territories.

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South Carolina Emancipation of Minor Law

Minors – Emancipation of Minor – South Carolina

Although South Carolina does not have a specific statute to address emancipation of minors, other sections exist which give the definition of an emancipated minor. According to the information below, an emancipated minor is anyone under the age of 21 who is married or emancipated by decree of the family court.
SECTION 63-5-510: Definitions.
In this subarticle, unless the context otherwise requires:
(1) "Adult" is a person who has attained the age of twenty-one years.
(2) "Bank" is any bank, trust company, national banking association or industrial bank.
(3) "Broker" is a person lawfully engaged in the business of effecting transactions in securities for the account of others. The term includes a bank which effects such transactions. The term also includes a person lawfully engaged in buying and selling securities for his own account through a broker or otherwise as a part of a regular business.
(4) "Court" means the court or branch having jurisdiction.
(5) "Custodial property" includes:
(a) all securities, life insurance policies, annuity contracts, real estate, tangible personal property and money and any other type of property under the supervision of the same custodian for the same minor as a consequence of a gift made to the minor in a manner prescribed in this article.
(b) The income from the custodial property.
(c) the proceeds, immediate and remote, from the sale, exchange, conversion, investment, reinvestment, surrender or other disposition of such securities, money, life insurance policies, annuity contracts, real estate, tangible personal property and other property.
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(6) "Custodian" is a person so designated in manner prescribed in this article and the term includes a successor custodian.
(7) "Guardian" of a minor means the general guardian, guardian, tutor or curator of his property or estate, appointed or qualified by a court of this State or another state.
(8) "Issuer" is a person who places or authorizes the placing of his name on a security, other than as a transfer agent, to evidence that it represents a share, participation or other interest in his property or in an enterprise, or to evidence his duty or undertaking to perform an obligation evidenced by the security or who becomes responsible for in place of any such person.
(9) "Legal representative" of a person in his executor or the administrator, general guardian, guardian, committee, conservator, tutor or curator of his property or estate.
(10) "Member of a minor's family" means any of the minor's parents, grandparents, brothers, sisters, uncles and aunts, whether of the whole blood or the half blood, or by or through legal adoption.
(11) "Minor" is a person who has not attained the age of twenty-one years, excluding a person under the age of twenty-one who is married or emancipated as decreed by the family court.
(12) "Savings and loan association" is a state-chartered savings and loan association or building and loan association or a federally-chartered savings and loan association.
(13) "Security" includes any note, stock, treasury stock, bond, debenture, evidence of indebtedness, certificate of interest or participation in an oil, gas or mining title or lease or in payments out of production under such a title or lease, collateral trust certificate, transferable share, voting -trust certificate or, in general, any interest or instrument commonly known as a security, any certificate of interest or participation in any temporary or interim certificate, receipt or certificate of deposit for or any warrant or right to subscribe to or purchase any of the foregoing. The term does not include a security of which the donor is the issuer. A security is in "registered form" when it specifies a person entitled to it or to the rights it evidences and its transfer may be registered upon books maintained for that purpose by or on behalf of the issuer.
(14) "Transfer agent" is a person who acts as authenticating trustee, transfer agent, registrar or other agent for an issuer in the registration of transfers of its securities or in the issue of new securities in the cancellation of surrendered securities.
(15) "Trust company" is a bank, corporation or other legal entity authorized to exercise trust powers in this State.
(16) "Financial institution" is a bank, a federal savings and loan association, a savings institution chartered and supervised as a savings and loan or similar institution under federal law or the laws of a state, a federal credit union or a credit union chartered and supervised under the laws of a state; a "domestic financial institution" is one chartered and supervised under the laws of this State or chartered and supervised under federal law and having its principal office in this State; an "insured financial institution" is one in which deposits (including a savings, share, certificate or deposit account) are, in whole or in part, insured by the Federal Deposit Insurance Corporation, by the Federal Savings and Loan Insurance Corporation or by a deposit insurance fund approved by this State.
(17) "Life insurance policy or annuity contract" means a life insurance policy or annuity contract issued by an insurance company on the life of a minor to whom a gift of the policy or contract is made in the manner prescribed in this article or on the life of a member of the minor's family.
SECTION 62-5-425: Distributive duties and powers of conservator.
(a) A conservator may expend or distribute sums from the principal of the estate without court authorization or confirmation for the support, education, care, or benefit of the protected person and his dependents in accordance with the following principles:
(1) The conservator is to consider recommendations relating to the appropriate standard of support, education, and benefit for the protected person made by a parent or guardian, if any. He may not be surcharged for sums paid to persons or organizations actually furnishing support, education, or care to the protected person pursuant to the recommendations of a parent or guardian of the protected person unless he knows that the parent or guardian is deriving personal financial benefit therefrom, including relief from any personal duty of support, or unless the recommendations are clearly not in the best interests of the protected person.
(2) The conservator is to expend or distribute sums reasonably necessary for the support, education, care, or benefit of the protected person with due regard to (i) the size of the estate, the probable duration of the conservatorship and the likelihood that the protected person, at some future time, may be fully able to manage his affairs and the estate which has been conserved for him; (ii) the accustomed standard of living of the protected person and members of his household; (iii) other funds or sources used for the support of the protected person.
(3) The conservator may expend funds of the estate for the support of persons legally dependent on the protected person.
(4) Funds expended under this subsection may be paid by the conservator to any person, including the protected person, to reimburse for expenditures which the conservator might have made, or in advance for services to be rendered to the protected person when it is reasonable to expect that they will be performed and where advance payments are customary or reasonably necessary under the circumstances.
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(b) When a minor who has not been adjudged disabled under Section 62-5-401(2) attains his majority or is emancipated, his conservator, after meeting all prior claims and expenses of administration, shall pay over and distribute all funds and properties to the former protected person as soon as possible. An individual under the age of eighteen who is also married shall remain a minor for purposes of this subsection until attaining majority or emancipation.
(c)
(1) When the conservator is satisfied that a protected person's disability (other than minority) has ceased, then he shall petition the court, and after determination by the court that the disability has ceased in accordance with Section 62-5-430, the conservator, after meeting all prior claims and expenses of administration shall pay over and distribute all funds and properties to the former protected person as soon as possible.
(2) When the conservator is satisfied that a protected person's estate has a value of less than five thousand dollars, then he may petition the court, and after determination by the court that the protected person's estate has a value of less than five thousand dollars, the court in its discretion may terminate the conservatorship and order the conservator, after meeting all prior claims and expenses of administration, to pay over and distribute all funds and properties to or for the protected person as soon as possible and in accordance with Section 62-5-103.
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(d) If a protected person dies, the conservator shall deliver to the court for safekeeping any will of the deceased protected person which may have come into his possession, inform the executor or a beneficiary named therein that he has done so, and retain the estate for delivery to a duly appointed personal representative of the decedent or other persons entitled thereto. If after thirty days from the death of the protected person no other person has been appointed personal representative and no application or petition for appointment is before the court, the conservator may apply to exercise the powers and duties of a personal representative so that he may proceed to administer and distribute the decedent's estate. Upon application for an order granting the powers of a personal representative to a conservator, after notice to any person demanding notice under Section 62-3-204 and to any person nominated executor in any will of which the applicant is aware, the court may order the conferral of the power upon determining that there is no objection, and endorse the letters of the conservator to note that the formerly protected person is deceased and that the conservator has acquired all of the powers and duties of a personal representative. The making and entry of an order under this section shall have the effect of an order of appointment of a personal representative as provided in Section 62-3-308 and Parts 6 through 10 of Article 3 [Sections 62-3-601 et seq. through Sections 62-3-1001 et seq.] except that estate in the name of the conservator, after administration, may be distributed to the decedent's successors without prior retransfer to the conservator as personal representative.
(e) A person shall not be disqualified as an executor of a deceased protected person solely by reason of his having been appointed and acting conservator of that protected person.

minors.uslegal.com

South Carolina Emancipation of Minor Law – Minors

minors.uslegal.com minors.uslegal.com

minors.uslegal.com

Emancipation – Minors

minors.uslegal.com minors.uslegal.com
 
1ConcernedParent said:
Yes there was a previous order and sadly it was before I knew about all of my child's health issues. I tried legal aid but they don't do child support. I'm not sure I can afford an attorney. I've been living on prayers and good luck as I'm the sole supporter of my child now. Something I had not planned for
Click to expand...

These fine people (SC state employees) will assist you and others in collecting court ordered support.


It is free to apply for Child Support Services. If your child resides with you and you'd like to apply, the Child Support Customer Service Portal provides a secure way to apply online. It is important to know that you do not have to have formal, legal custody of your child to apply. The child does have to live with you, though, in order for you to be considered a CUSTODIAL PARENT. Simply click the button below.

Client Portal

clientportal.dss.sc.gov clientportal.dss.sc.gov

Getting Help for People with Disabilities in SC
www.pandasc.org

Disability Rights South Carolina (DRSC)

We protect and advance the legal, civil, and human rights of people with disabilities in South Carolina.
www.pandasc.org www.pandasc.org


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is an online service that simplifies and centralizes the process of applying for many state and federal benefits for those with low or moderate-incomes. The program ensures that people are aware of the benefits to which they are entitled and maximize those they can secure. For info, call toll free: (800) 726-8774.


Getting Help for People with Disabilities | SCDHEC

scdhec.gov scdhec.gov
 
army judge said:
These fine people (SC state employees) will assist you and others in collecting court ordered support.


It is free to apply for Child Support Services. If your child resides with you and you'd like to apply, the Child Support Customer Service Portal provides a secure way to apply online. It is important to know that you do not have to have formal, legal custody of your child to apply. The child does have to live with you, though, in order for you to be considered a CUSTODIAL PARENT. Simply click the button below.

Client Portal

clientportal.dss.sc.gov clientportal.dss.sc.gov

Getting Help for People with Disabilities in SC
www.pandasc.org

Disability Rights South Carolina (DRSC)

We protect and advance the legal, civil, and human rights of people with disabilities in South Carolina.
www.pandasc.org www.pandasc.org


Home - SC Thrive

Find free summer meals near you! Learn more here. NOTICE: MEDICAID ANNUAL ELIGIBILITY REVIEWS ARE UNDERWAY To update your information or to learn more click HERE. Stabilized, Healthy Communities SC Thrive connects people to crucial benefits – from food security and healthcare resources to...
scthrive.org
is an online service that simplifies and centralizes the process of applying for many state and federal benefits for those with low or moderate-incomes. The program ensures that people are aware of the benefits to which they are entitled and maximize those they can secure. For info, call toll free: (800) 726-8774.


Getting Help for People with Disabilities | SCDHEC

scdhec.gov scdhec.gov
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Thank you so much! DSS said they couldn't that I have to go to family court but I will try the other sources. Thank you so much! I really appreciate it.
 
1ConcernedParent said:
Thank you so much! DSS said they couldn't that I have to go to family court but I will try the other sources. Thank you so much! I really appreciate it.
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DSS won't get the child support order for you.

You have a "special needs child", once that is known by the RIGHT agency, the help will begin sooner, rather than later.

DSS has an online portal (link below) which will allow you to ask for their help to get the "money party" started.

DSS will endeavor to assist you in collecting support from the deadbeat pappy or mammy.

However, you don't have to hire a lawyer to obtain child support.

The fine folks will do the heavy lifting for you, thanks to the other taxpayers and you.

It is free to apply for Child Support Services. If your child resides with you and you'd like to apply, the Child Support Customer Service Portal provides a secure way to apply online. It is important to know that you do not have to have formal, legal custody of your child to apply. The child does have to live with you, though, in order for you to be considered a CUSTODIAL PARENT. Simply click the button below.

Client Portal

clientportal.dss.sc.gov clientportal.dss.sc.gov

NOTE: Our Customer Service Center is available to all customers with child support cases serviced by the DSS Child Support Services Division and all private cases enforced by the Clerks of Court. Click here for contact information.
 
1ConcernedParent said:
Hi yes he got the emancipation order to get out of child support when they turned 18. I had no idea he had done this and received no notice from the court which I thought was odd. I did not find out until months later when I attempted to collect back child support through DSS. I would have gone if I'd known. Im the Mom.
Click to expand...

Has your child graduated from high school?

If a child is still enrolled in high school when they turn 18, CS is supposed to continue until they graduate or turn 19, whichever happens first.
 
army judge said:
DSS won't get the child support order for you.

You have a "special needs child", once that is known by the RIGHT agency, the help will begin sooner, rather than later.

DSS has an online portal (link below) which will allow you to ask for their help to get the "money party" started.

DSS will endeavor to assist you in collecting support from the deadbeat pappy or mammy.

However, you don't have to hire a lawyer to obtain child support.

The fine folks will do the heavy lifting for you, thanks to the other taxpayers and you.

It is free to apply for Child Support Services. If your child resides with you and you'd like to apply, the Child Support Customer Service Portal provides a secure way to apply online. It is important to know that you do not have to have formal, legal custody of your child to apply. The child does have to live with you, though, in order for you to be considered a CUSTODIAL PARENT. Simply click the button below.

Client Portal

clientportal.dss.sc.gov clientportal.dss.sc.gov

NOTE: Our Customer Service Center is available to all customers with child support cases serviced by the DSS Child Support Services Division and all private cases enforced by the Clerks of Court. Click here for contact information.
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Yes I went through all of that with DSS and after 2 hearings they determined they couldn't proceed because of his emancipation order. They said I have to go to family court to get a new order. Which I was confused by because they know that the child is disabled and he had the court emancipate them knowing the child can not live independently either. I personally feel he should be charged with neglect. I mean it takes a really awful person to do something like that to their special needs child and the fact that DSS is saying they can't do anything over this emancipation order just makes no sense to me. It feel like even as far as civil rights go it should be wrong. I'm sorry for the long reply I'm just at a loss of what to do now.
 
Red Kayak said:
Has your child graduated from high school?

If a child is still enrolled in high school when they turn 18, CS is supposed to continue until they graduate or turn 19, whichever happens first.
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Yes they graduated through medical homebound. They want to go to college but it will be hard because physically they can't go full time.
 
It's not "neglect" if your child is being cared for. Since he was previously paying child support, I would imagine that you were the custodial parent. The child was being cared for and now a court agrees that he no longer has to pay child support. If your child is truly unable to care for themself, then you should seek guardianship/conservatorship over your child, because without that, your child may be seen as an independent adult and you have no say. Don't get your hopes up for having child support reinstated either. I can see it being argued that a child being found incompetent after being emancipated (for child support purposes) shouldn't mean that dad will become liable for support again.
 
Zigner said:
It's not "neglect" if your child is being cared for. Since he was previously paying child support, I would imagine that you were the custodial parent. The child was being cared for and now a court agrees that he no longer has to pay child support. If your child is truly unable to care for themself, then you should seek guardianship/conservatorship over your child, because without that, your child may be seen as an independent adult and you have no say. Don't get your hopes up for having child support reinstated either. I can see it being argued that a child being found incompetent after being emancipated (for child support purposes) shouldn't mean that dad will become liable for support again.
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thank you I will look into that. I have medical records showing they had their health conditions long before turning 18. Will that make any difference? I never thought I would be faced with this situation or I would have had the order changed before they turned 18. I knew my exhusband was a bad guy but I had no idea he was this awful. If something happens to me this kid isn't going to have anyone. I mean according to DSS then I can just throw this kid out and neither parent is responsible. I can't see how thats right. We are both equally responsible and these kids with disabilities need more protection from this. I used to work in psych and so many adults with disabilities are in state facilities and I'm sure this loophole is part of the problem. Sorry for the rant. It's been a lot to process.
 

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