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happyslug

(14,779 posts)
162. If the 16 year old left her parents home, they owe her NO SUPPORT
Tue Feb 19, 2013, 11:11 PM
Feb 2013

The Law makes a presumption, if a parent is ready, willing and IS providing a home, the children MUST live with them. If the child decided to live elsewhere, the parents have NO DUTY TO PAY SUPPORT.

Notice the test is if the CHILD decides to live elsewhere. If court ordered to some sort of confinement, the parents have to pay support. If a Court gives custody to a third party, support has to be paid. On the other hand, if a child goes out on her own, she is on her own.

Please note, I am discussing teenagers. The courts view children over 14 as adults if they are competent and can take care of themselves. Below age 7, children are viewed as incompetent. Between 7 and 14 it is on a case by case basis. Thus, in at least theory, a 7 year old could be on her own and the parents will NOT be held to be liable for support.

In the real world, we are almost always taking about teens over age 14, sometimes 12 and 13 year olds but almost never below age 12. Thus for younger children this is almost never an issue. A further complication is School, many States have attendance requirements up to age 16, other age 17 or 18. Texas uses 18 as its compulsory age to attend school:

http://www.ncsl.org/documents/educ/ECSCompulsoryAge.pdf

Please note, Children and Youth generally has jurisdiction over children below 18, but only if they are in "Danger", if the child is NOT in "Danger" then no jurisdiction (i.e. no CYS Jurisdiction if the Child has a place to live, i.e. a place to sleep and eat that meets the minimal requirements of the 21st century).

Now, if you are taking about the Father of the expected child, yes he has a duty to pay support, but NOT his parents. The reports I have read is he is also 16 years of age, and most courts will NOT order him to pay any support till he at least graduate High School and if he goes to Collage, till he finished Collage. The reason for this is simple, the more education he gets, the higher income he can earn and the more support he can pay later on. I suspect that will be six years from now, and in the mean time who will support his expectant child and the 16 year old mother? Not the grandparents and knowing Texas, not the State of Texas (and that is true is ALL the states I know of, the Standard of Need, a amount determined by Congress to be the bare minimum you need to survive is $710 a month, no state gives that amount in welfare to anyone, even with the Federal Government willing to pick up 1/2 of the tab up to the Standard of Need).

Thus the question is who and how is this baby to be supported? It looks like the the Maternal Grandparents, for no one is else willing or required by law to do so (and the welfare amount from Texas will NOT pay for her car, let alone the rent for a house).

Pregnant Teen Wins Abortion Battle [View all] davidn3600 Feb 2013 OP
(her choice) annabanana Feb 2013 #1
Yes, BUT HockeyMom Feb 2013 #2
I guess that will have to be annabanana Feb 2013 #4
agree, or to pay for the health costs Tumbulu Feb 2013 #6
Agreed. TEXASYANKEE Feb 2013 #10
At 18 she's legally an adult HockeyMom Feb 2013 #11
Oh right, like parents are not going to feel that they have to step in and help? Tumbulu Feb 2013 #14
Then call me guilty HockeyMom Feb 2013 #27
I complete agree Drale Feb 2013 #61
That's just punishing the grandchild demwing Feb 2013 #81
Adoption HockeyMom Feb 2013 #85
You didn't tell us you know the people involved. Since you know "THAT is the best choice", I must uppityperson Feb 2013 #90
You don't understand why a grandparent would want to have their grandchildren around? Exultant Democracy Feb 2013 #145
Hands down best choice Tumbulu Feb 2013 #161
"You people?" Ouch!!!!!!!! nt MADem Feb 2013 #204
That's just punishing the grandchild AlbertCat Feb 2013 #96
Yes, correct demwing Feb 2013 #156
but that's not what the OP was referring to. AlbertCat Feb 2013 #207
My quote was in response to her quote demwing Feb 2013 #217
Exactly nt Tumbulu Feb 2013 #136
Well goody goody for you Tumbulu Feb 2013 #137
if we're celebrating choice then no one should call you anything leftyohiolib Feb 2013 #151
Her parents are legally responsible for her (and her troubles) til she's 18 yrs old riderinthestorm Feb 2013 #53
The parents were not wrong to make the girl avebury Feb 2013 #82
They have to pay her medical bills, house her, clothe her and feed her riderinthestorm Feb 2013 #87
I would like to know why the parents of the boy are not legally avebury Feb 2013 #94
why the parents of the boy are not legally liable for some of the girl's expenses AlbertCat Feb 2013 #97
I'm presuming they are responsible for the other half of medical costs riderinthestorm Feb 2013 #105
I'm going to guess that's why they were only ordered to pay half medical riderinthestorm Feb 2013 #98
You keep making such good points! Tumbulu Feb 2013 #163
very tho0ughtful response, with which I concur elehhhhna Feb 2013 #113
A teenager has no idea Tumbulu Feb 2013 #139
The girl does not need a cell phone avebury Feb 2013 #148
Oh, I was thinking you were saying no phone.. Tumbulu Feb 2013 #154
The parents might be able to get her a cheap cell phone and provide avebury Feb 2013 #171
I see the young people of today as so much more irresponsible Tumbulu Feb 2013 #172
Why rent an apartment? Why not just keep her at home? MADem Feb 2013 #206
This message was self-deleted by its author Horse with no Name Feb 2013 #106
That's not true from what I've read. Do you have a link? riderinthestorm Feb 2013 #109
This message was self-deleted by its author Horse with no Name Feb 2013 #117
Not sure any law requires them to pay for her phone or car. Just her food and lodging and health. McCamy Taylor Feb 2013 #122
Oh agreed. They also have to give her clothing. The car thing is weird. riderinthestorm Feb 2013 #123
Exactly -- Unless she becomes emancipated obamanut2012 Feb 2013 #127
And why I think parents should make the abortion decision Blue4Texas Feb 2013 #129
Or you can be 100% trying to help and teach your kids, and they just don't give a damn. loudsue Feb 2013 #70
+1. nt riderinthestorm Feb 2013 #78
This child is but sixteen. MADem Feb 2013 #203
Yes, it boggles my mind Tumbulu Feb 2013 #16
I am sick of the glorification of birth married to a complete absence of responsibility. Sekhmets Daughter Feb 2013 #35
+1000 smirkymonkey Feb 2013 #141
agree 100% Tumbulu Feb 2013 #158
Thanks nt Tumbulu Feb 2013 #157
+1. freshwest Feb 2013 #168
Fifth pregnancy? By the time she's 16? muriel_volestrangler Feb 2013 #185
No, I only do sarcasm for Republicans, not real people or DUers. freshwest Feb 2013 #196
I think that's the girl's mother who'd had 4 abortions muriel_volestrangler Feb 2013 #201
I agree--that would be way past grounds for a visit from Child Protective Services or a MADem Feb 2013 #208
Thanks, I'll edit. I was going by a post, not the original article. I defer to the court documents. freshwest Feb 2013 #210
Absolutely. wisteria Feb 2013 #39
And WHY do her parents have to pay HALF Tumbulu Feb 2013 #12
She's under 18 leftynyc Feb 2013 #17
So this group should pay for the whole thing Tumbulu Feb 2013 #23
Fathers dont get a say either...yet are on the hook financially davidn3600 Feb 2013 #28
True to a point, but the father had more to do with creating the pregnancy wisteria Feb 2013 #43
Well they at least had something to do with it Tumbulu Feb 2013 #135
So true! n/t wisteria Feb 2013 #41
Her parents are legally responsible for her (and her troubles) til she's 18 yrs old riderinthestorm Feb 2013 #51
She doesn't live with them anyway Marrah_G Feb 2013 #74
Yes, because they, themselves, should hot have had to commit to any parental ScreamingMeemie Feb 2013 #225
I agree but why didn't they get her some birth control The Flaming Red Head Feb 2013 #243
Yes, but the parents shouldn't be liable for hospital bills, her transportation etc. wisteria Feb 2013 #31
Oh yes her parents are legally responsible for her. riderinthestorm Feb 2013 #55
Excellent points nt Tumbulu Feb 2013 #142
She is 16 TexasBushwhacker Feb 2013 #238
Do children really have "my body my choice"? alp227 Feb 2013 #80
tough question. what if the plaintiff was 12? would DU still be whooping elehhhhna Feb 2013 #118
Well, at that point the issue is rape, without the cover of "Romeo and Juliet" laws, MADem Feb 2013 #211
We'd defend a 16 year old boy whose parents tried to force him to get a tattoo muriel_volestrangler Feb 2013 #186
And who is the judge of when a medical procedure is necessary? alp227 Feb 2013 #197
A doctor is muriel_volestrangler Feb 2013 #199
Looks like no decision is right at all. alp227 Feb 2013 #202
No, her parents should not get the ultimate decision over her body muriel_volestrangler Feb 2013 #205
So if parents can't have the ultimate decision, what's the point of parenthood then? alp227 Feb 2013 #209
Parenthood doesn't mean complete control of a child muriel_volestrangler Feb 2013 #212
Parents force cosmetic procedures on their children all the time without their consent. riderinthestorm Feb 2013 #219
And I oppose them all muriel_volestrangler Feb 2013 #221
In the US, Hispanic baby girls very commonly sport pierced ears. Baby Hindu girls with bindis riderinthestorm Feb 2013 #222
Well, pregnancy isn't illegal. MADem Feb 2013 #213
thats the truth. The Flaming Red Head Feb 2013 #241
and anti abortion people will trumpet this as a win for their side booley Feb 2013 #3
Ironic, isn't it, that when.... Jerry442 Feb 2013 #45
They are ProBIRTH HockeyMom Feb 2013 #57
I am pleased that she will get to exercise her CHOICE. n/t CaliforniaPeggy Feb 2013 #5
based on what? Some pseudo science spewed by pro-life groups? wordpix Feb 2013 #101
Agree - really I hope the Tumbulu Feb 2013 #143
Would you make your 16 year old have an abortion if she didn't want to? Puzzledtraveller Feb 2013 #153
yes i would - at 16, she had no idea how to take care of herself, much less a baby wordpix Feb 2013 #183
Forcing people to have abortions because of your opinion of their abilities muriel_volestrangler Feb 2013 #187
OK, YOU take care of the baby and 16 y.o., then. I don't want to wordpix Feb 2013 #228
No forcing anyone to do something like that The Flaming Red Head Feb 2013 #242
i dont understand the 'consequences be damned all that matters is she got her choice' leftyohiolib Feb 2013 #159
Me too, and I hope she has some real plan for her future bhikkhu Feb 2013 #160
Very happy that her right to choose was protected rox63 Feb 2013 #7
I agree.... kurtzapril4 Feb 2013 #46
Unfortunately when the girl is a minor, the parents are on the hook riderinthestorm Feb 2013 #56
Which is still ironic. Igel Feb 2013 #116
Agreed. Its odd that neither the parents nor child pursued emancipation riderinthestorm Feb 2013 #121
Many young people are rabidly anti-choice. Something is not right in the education system. n/t SylviaD Feb 2013 #8
I think polls of shown that most young Americans are socially liberal. iandhr Feb 2013 #20
This girl is from Texas, so she may be more conservative then most others her age. alp227 Feb 2013 #84
True iandhr Feb 2013 #131
Sounds like she chose just fine. Dreamer Tatum Feb 2013 #58
a few things do not add up here - from the original DU post about this case azurnoir Feb 2013 #9
Looks like the parents were trying to show her some adult responsibility. Dont call me Shirley Feb 2013 #25
Thank you HockeyMom Feb 2013 #30
well that is possible but myself I think the whole thing is a steaming pile azurnoir Feb 2013 #34
They were paying the phone bill, owned the car and, as her parents, could Sekhmets Daughter Feb 2013 #40
they could not withdraw her from school against her will NCLB azurnoir Feb 2013 #44
Perhaps the grandparents don't live in the same school district? Sekhmets Daughter Feb 2013 #52
that's possible but IMO the antichoicers capitalized on bad blood azurnoir Feb 2013 #59
Perhaps.... Sekhmets Daughter Feb 2013 #65
thatcould well be azurnoir Feb 2013 #71
Yep. Sekhmets Daughter Feb 2013 #72
Perhaps she is an KatyMan Feb 2013 #92
She clearly is not--otherwise, her parents wouldn't be required to pay for her care and car. nt MADem Feb 2013 #214
Don't know the background, but what you said is completely possible. Igel Feb 2013 #120
WOOOT! A win for us! Pro-Choice wins! This will make a great precendent! Katashi_itto Feb 2013 #13
Her body, her choice. The parents couldn't have done that better SaveAmerica Feb 2013 #15
Odd though she did not live with her parents azurnoir Feb 2013 #22
According to CNN, the girl lives with her mother muriel_volestrangler Feb 2013 #188
thanks because we all know CNN is always accurate azurnoir Feb 2013 #195
It is her choice. And the grandparents and she should JDPriestly Feb 2013 #18
If the father is still in HS HockeyMom Feb 2013 #32
The grandparents appear to be supporting this young JDPriestly Feb 2013 #177
LOL, and her boyfriends fathers mechanic friend.. snooper2 Feb 2013 #48
If the 16 year old left her parents home, they owe her NO SUPPORT happyslug Feb 2013 #162
This seems so topsy turvy.. JDPriestly Feb 2013 #178
I use to deal with Children and Youth and Child placement. happyslug Feb 2013 #223
Per the article, the girl is living with her mom. And the parents have been ordered to $upport her riderinthestorm Feb 2013 #224
A parent's legal liability for the acts of their children is limited happyslug Feb 2013 #231
Ok but that's PA, not TX which does require a judge for emancipation riderinthestorm Feb 2013 #232
Illinois your limit is $20,000 plus attorney's fees happyslug Feb 2013 #233
As to emancipation, the Illinois Emancipation of Minors Act has the following sentence: happyslug Feb 2013 #234
A child cannot simply declare themselves emancipated and voila! Its done riderinthestorm Feb 2013 #236
Look at Section 2, the last sentence of the second paragraph, it reads as follows: happyslug Feb 2013 #237
If she want to have the child its her choice. iandhr Feb 2013 #19
even for juveniles? alp227 Feb 2013 #88
All rights. Igel Feb 2013 #124
Forced abortions are what happen in dictatorships. iandhr Feb 2013 #133
But her PARENTS, not government are forcing the abortion. alp227 Feb 2013 #200
So would it also be okay for parents to force a girl Crunchy Frog Feb 2013 #175
Is it against the law for parents to make such decisions? alp227 Feb 2013 #198
I agree, but requiring the parents to give her a car? Xithras Feb 2013 #21
Quite a message to teenage girls in Texas huh? azurnoir Feb 2013 #24
Actually, I thought they agreed to that in some sort of mediation. NaturalHigh Feb 2013 #134
Very good bluestateguy Feb 2013 #26
Absolutely VA_Jill Feb 2013 #38
Choice is one thing, forcing the parents to pay for the choice is another. wisteria Feb 2013 #47
It's her body, her life, and her choice rachel1 Feb 2013 #29
Then she should make the choice to not use the car, the phone or wisteria Feb 2013 #36
as I said to my daughter at this age, when you're paying for wordpix Feb 2013 #107
The parents should not be responsible for anything-it isn't there choice. wisteria Feb 2013 #33
Is she an emancipated minor? I hadn't seen that. Link? Otherwise they are responsible riderinthestorm Feb 2013 #49
I think she is independant of her parents. wisteria Feb 2013 #60
Unless she's won a legal emancipation, they are still responsible for her legally riderinthestorm Feb 2013 #63
link she was not living with her parent now or at the time she became pregnant azurnoir Feb 2013 #62
Oh I agree. This case sucks but the parents are still legally responsible riderinthestorm Feb 2013 #66
The proof is the fact that she wasn't living with her parents and I'll tell you how I know. notadmblnd Feb 2013 #91
Those cops were wrong. The law is clear, you must follow a legal riderinthestorm Feb 2013 #100
I have no opinion to express about the girl or her parents here. notadmblnd Feb 2013 #103
Sounds like kind cops who took your side and fudged things. riderinthestorm Feb 2013 #114
It seems an abnormal situation Yo_Mama Feb 2013 #130
Choice VA_Jill Feb 2013 #37
Absolutley it's about choice. Jerry442 Feb 2013 #50
Maybe they know their daughter all too well. wisteria Feb 2013 #54
This sort of thing makes me glad I don't have kids. DaveJ Feb 2013 #64
Yup. I have a wild teen. Unfortunately I'm experienced nt riderinthestorm Feb 2013 #67
The thing is it's the daughter's choice, which means all the responsibilities of that choice jeff47 Feb 2013 #69
The law makes her parents live with the consequences of that choice riderinthestorm Feb 2013 #76
Which means nothing. jeff47 Feb 2013 #146
I agree its unfair regardless of the law. And you put your finger right on the heart of the matter riderinthestorm Feb 2013 #218
Is the father in the picture here? bluestateguy Feb 2013 #42
His pic is at the link, along with some zombie-like guy. DollarBillHines Feb 2013 #73
Best not to judge people by their looks muriel_volestrangler Feb 2013 #192
He wants to marry her muriel_volestrangler Feb 2013 #190
Forced Support for Grandchildren? HockeyMom Feb 2013 #68
If a woman can not support herself and her child(ren), the child(ren) should be fostered out or adop uppityperson Feb 2013 #75
My husband's father and uncle HockeyMom Feb 2013 #83
I understand this is a minor, but was expanding on what you wrote, trying to clarify. uppityperson Feb 2013 #89
This message was self-deleted by its author Horse with no Name Feb 2013 #119
Good luck to that teen. I hope if she changes her mind or needs help later she can get help. Choice uppityperson Feb 2013 #77
This is the best post I've read on this thread. tammywammy Feb 2013 #229
The parents could have (should have?) petitioned to have her declared an "emancipated minor". marybourg Feb 2013 #79
The person being "emancipated" has to prove that they can support themselves. MADem Feb 2013 #215
Not in most states. happyslug Feb 2013 #235
A family I knew about had a pregnant 15 year old. They made her Ilsa Feb 2013 #86
1) "Roe" made this her choice. There can be no obligation for her to abort. OmahaBlueDog Feb 2013 #93
Good. krispos42 Feb 2013 #95
so the parents are forced to raise the baby they don't want to raise wordpix Feb 2013 #99
why didn't the court mandate any percentage of support from the baby's father?? Blue_Tires Feb 2013 #102
My question. Where is the dad? McCamy Taylor Feb 2013 #115
He wants to marry the young lady, per CNN. nt MADem Feb 2013 #216
I saw. UnseenUndergrad Feb 2013 #230
This message was self-deleted by its author Horse with no Name Feb 2013 #104
apparently you have not experienced dealing with teenage mothers wordpix Feb 2013 #111
So...you don't want your taxes to support a single mother and baby. NaturalHigh Feb 2013 #138
actually, if I had my CHOICE, every school would begin in middle school to have a class in wordpix Feb 2013 #184
I agree with all of that. NaturalHigh Feb 2013 #226
The only way this should be done is if the teen is also 'emancipated'. AzDar Feb 2013 #108
Thank YOU! smirkymonkey Feb 2013 #144
agree nt Tumbulu Feb 2013 #165
She wins? I don't see any winners here. Pool Hall Ace Feb 2013 #110
I wonder what the lawsuit was based on treestar Feb 2013 #112
Curious about how the right wing will cover this. Basically, it means that no one can "punish" their McCamy Taylor Feb 2013 #125
good points Tumbulu Feb 2013 #166
It's her life & the baby's life. See how she deals with it.Could go either way.Her body / her choice judesedit Feb 2013 #126
Hopefully you're right christx30 Feb 2013 #244
Now the kid's a saint for saving her unborn baby.. (which is, of course, her choice) mountain grammy Feb 2013 #128
Oh yes, I wonder how helpful they will be then....... Tumbulu Feb 2013 #167
Good obama2terms Feb 2013 #132
Anyone who thinks the parents should have the authority to force an abortion... NaturalHigh Feb 2013 #140
So hopefully when the court gets CC Feb 2013 #147
As I posted somewhere else... NaturalHigh Feb 2013 #150
The bus service in Houston is horrible. You have to have a car to get anyplace Manifestor_of_Light Feb 2013 #174
What a brave young woman! Pterodactyl Feb 2013 #149
I don't see it that way Tumbulu Feb 2013 #170
But in two years, she won't be a teen. And her child will have a whole life ahead of her! Pterodactyl Feb 2013 #173
being "pro-choice" means defending THIS choice, too. Ken Burch Feb 2013 #152
Yes, I am proud to defend both sides of the coin too. Puzzledtraveller Feb 2013 #155
I am with you. etherealtruth Feb 2013 #180
Agreed. I guess it's true that some people are pro-abortion... EastKYLiberal Feb 2013 #182
agreed La Lioness Priyanka Feb 2013 #189
There is something wrong here, this was filed February 11 and the parents had 20 days to respond happyslug Feb 2013 #164
it's an agreement between the sides muriel_volestrangler Feb 2013 #194
Thank you for the additional information. (nt) Nine Feb 2013 #227
I agree with those who've said information is missing from this story. Nine Feb 2013 #169
The fundies will pick up the tab, wait and see.. I can already see her in her own McMansion and with secondwind Feb 2013 #176
Norma McCorvey aka "Jane Roe" TexasBushwhacker Feb 2013 #239
My take on this Notafraidtoo Feb 2013 #179
At the end of the video report it states that her avebury Feb 2013 #181
Very tough choice but in the end it was her choice. Jennicut Feb 2013 #240
Something tells me the girl would've lost her legal battle pink-o Feb 2013 #191
Here is some more information. Nine Feb 2013 #193
The girl's parents deny all of the allegations. riderinthestorm Feb 2013 #220
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