QUESTION

Can I get legally emancipated at 21 years old?

Asked on Oct 07th, 2014 on Family Law - California
More details to this question:
I am in college and I have no support from my parents. I want to get a loan and aid from my school but they say I do not qualify for any loans because of their salary. The Gov says I have to be at least 24 years old in order to qualify as an "independent" student. Now I am technically a "dependent" student even though I haven't lived with them in years and they don't support me. I can not get any aid unless they legally separate (which they are not together but still married now). Or until the age of 24 I want to know if I can legally separate from them so I can get aid for school.
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1 ANSWER

Family Law Attorney serving Suisun City, CA at Law Offices of Russo & Prince
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This isn't technically a family law question, but I will do my best to assist and have tagged the question under education law so that other attorneys may provide further input. You cannot legally separate from your parents at this point for FAFSA purposes.  However, if your parents are separated and living apart, even if they haven't obtained a judgment of legal separation, you still only have to report one parent's financial information.  You are supposed to select the parent that you lived with for more of the preceding year, but in your case it sounds as though it would be safe to select either parent as you did not live with either one.  I hope this helps you obtain the funding you need. 
Answered on Oct 08th, 2014 at 9:59 AM

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