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Monday, July 2, 2012

N.M.: Emancipated Daughter Entitled to Receive Child Support from Mother

Today, the New Mexico Supreme Court released a unanimous family law decision of first impression, holding that the New Mexico Emancipation of Minors Act  ("Emancipation Act") authorizes a district court to emanicpate a minor for some, but not all of the enumerated purposes in the act.  Applied to this particular case, the decision reversed the Court of Appeals and affirmed a district court's order emancipating the minor plaintiff while also awarding the minor monthly child support payments from her mother. Diamond v. Diamond, No, 32,695 (N.M. July 2, 2012).

Here, Jhette Diamond ("Daughter") filed for and won emancipation from her Mother at age 16 with the court reserving Daughter's right to collect child support (Daughter is now in her early 20's).  Mother did not participate in the hearing, but later filed a motion to set aside the judgment.  The trial court conducted a hearing on the motion and denied the Mother's relief, as well as Mother's objection to her duty to support the now emancipated Daughter (Mother conceived Daughter by artificial insemination, Id., fn 1, at 4).  The New Mexico Court of Appeals reversed.

The Emancipation Act describes nine puposes for which a minor may be emancipated by a court, and further provides that a court may emancipate a minor "for one or more" of those purposes.  One such purpose is the minor's "right to support by his parents."  The Supreme Court applied rules of statutory construction to concludes the Emancipation Act authorized a court to emanicpate a minor "for a single enumerated purpose, for all nine enumerated purposes, or for any intermediate number of enumerated purposes."  Id, at 6. 

The Supreme Court also rejected Mother's argument that Daughter could not prove she was "managing her own financial affairs" (a requirement for emancipation under the Emancipation Act) if she required or needed financial assistance from her.  The Supreme Court observed that the Emanicpation Act contemplated that the emancipated minor may require public assistance and expressly provides a minor may not be denied such benefits to which she may be entitled because of emancipation.   In rejecting Mother's argument, the Court pointed out further that the trial court did not emancipate Daughter from her support right.

The New Mexico court closed by examining a minor's right to support from her parents under common law and the laws of other states.  The several states offer mixed results often turning on statutory language, from all-or-nothing emancipation (California, Vermont), to all-or-partial emancipation (Montana, Nevada) to emanicpation that mandates continued parental support (Michigan).  The court found that courts created common law emancipation to protect a child's labor from the parents' creditors, and provided for partial emancipation where appropriate. Of particular note was P. J. Hunycutt & Co. v. Thompson, 74 S.E.628 (N.C. 1912), where the court held that where the father "ran off" the son, the son's later emancipation would not halt the father's support obligations.  Diamond, at 13-15.

Craig Estlinbaum

http://lawprofessors.typepad.com/adjunctprofs/2012/07/nm-emancipated-daughter-entitled-to-receive-child-support-from-mother.html

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