Washington: Appeals Court Hold that Student was not emancipated before 21 years of age. BY: Nicole I.

Link for opinion: http://www.courts.wa.gov/opinions/pdf/68357-8.unp.doc.pdf

Title: Washington: Appeals Court Hold that Student was not emancipated before 21 years of age

The Washington Court of Appeals held in McMinn v. McMinn (unpublished opinion) that the commissioner erred in determining whether the student was emancipated before he turned 21

On February 12, 1997, the Indiana court entered a decree of dissolution of the marriage of Lori and Daniel McMinn.  Daniel was ordered to pay child support until the Student was emancipated or turned twenty-one.

Student inherited a trust in the amount of $112,000, 200 shares of Pacific Power and Light, and approximately $33,000 when his great aunt passed away. When his grandmother passed away, the student inherited another $25,000. The terms of the trust stated that it was for “health, education and support needs.”

In September 2008, student went off to college and Daniel stopped paying his child support to Lori. Lori insisted that the student was not emancipated until he was 21 and that Daniel owes the child support from 2008 to November 18, 2010.

On January 26, 2012, the superior court commissioner ruled in favor of Daniel, and Lori appealed.

The appeals court held that the superior court commissioner erred in failing to determine whether the student was emancipated after he left home to go to college in September 2008.  The appeals court reverses and remands to determine whether Aaron was emancipated. If Aaron was not emancipated before he turned 21, the commissioner shall then determine the amount, if any, of past due child support.