Youth Legal Rights in New York State

The following is a series of typical legal questions asked by young people with some general answers. These answers do not constitute legal advice. Your legal rights are dependent on the specific facts of your case. To understand the rights in your particular case, please consult with an attorney.

FAMILY LAW

How do I become emancipated?

There is a lot of misunderstanding about the term "emancipation." There is not a specific proceeding in New York State in which to become emancipated. The definition of emancipation will differ depending on the specific reason you wish to claim emancipation. For example, if you are living on your own away from your parents and you want to go to school in the district in which you live (even though your parents live out of the district), you would want to write an affidavit that you are emancipated and state the specific facts to prove that. A parent may argue that a child is emancipated in order to support a claim to stop paying child support.

Can I get my own child support if I live on my own?

Generally, if you are emancipated meaning you are living separate from your parents, support yourself, and manage your own financial affairs, you will probably not be able to demand support from one or both of your parents unless their conduct forced you to leave home.

My girlfriend just told me I am the father of her baby. Do I have to pay child support?

First, you may want to check that you are the biological father of the baby by requesting a genetic marker test. You may need to pay for this but it is good to be sure. If you are found to be the biological father, you will probably need to pay some amount of child support. If the baby or if the baby's mother is receiving public assistance, the social services office goes to court to ask for child support, you will need to submit proof of your income. If you have sufficient income, or if the court determines you have, the ability to earn a certain income, you will probably be asked to pay 17% of your gross income for the support of 1 child.

PUBLIC ASSISTANCE

If I am 19 years old and on my own, but I can't find a job, can I obtain public assistance?

In general, if you are under 21 years old and living apart from your parents, you will not be entitled to receive public assistance. When you apply, social services will call your parents and ask if you can come home. If your parents say yes, you will probably be asked to go live with your parents. Usually parents will say yes because if they say "no" social services will sue your parents for child support. There are some exceptions. For example, an eighteen-year-old with a child may be eligible. A youth who can show it would be harmful to go home may be eligible.

How can I apply for Food Stamps?

You should contact your local Department of Social Services. Usually, you will have to go in person to complete an application. Even if you do not have all of the information, finish it to the best of your ability, sign the application and file it with the office. If eligible, you will be able to get benefits from the date you file the application.

Can they make me work if I get public assistance?

Yes. Most recipients of cash assistance and sometimes even Food Stamps must comply with work requirements in order to continue to receive benefits. Exceptions include those with young children and those who are disabled.

CONSUMER RIGHTS

I want to get a credit card. How should I select one?

Take care when selecting a credit card to get the best deal and meet your particular needs. Make sure to do comparative shopping before selecting one. Compare interest rates (if there is an initial rate that will change-know the time period and the next interest rate), annual fees, late fees, other penalties and any other special benefits.

How can I build good credit?

Building good credit can be a key step to reaching your future goals. To help you build credit you should: - pay your bills on time - keep good records of your payment of bills - obtain credit - like credit cards or a loan at a bank or credit union and pay it off on time - if you don't qualify for credit, you can get a credit card that you pre-pay as a way of showing your ability to use credit - limit your number of credit cards - do not use your credit cards to their credit limits - do not make excessive requests for credit (sometimes each request can count against you).

I can't pay my cell phone bill. What should I do?

If you can't pay your cell phone, you should first check your bill to make sure there are no mistakes. If there are mistakes, make sure to dispute them. You should then call the company and see if you can work a deal either deferring payments for a period or making a payment plan. If you cannot make a deal, you should consider stopping service, but be aware that you may incur a termination fee by stopping service. In addition, if you do not pay, the company may sue you in small claims court.

TENANTS’ RIGHTS

What should I do before I rent an apartment?

Before you rent an apartment, there are several steps to take: - find out the rent amount, term of tenancy, and security deposit - find out if there will be a written lease - make sure the condition of the apartment is safe - check what utilities you will have to pay - check how much the utilities have cost prior tenants to be sure the apartment is affordable for you - check what are the rules and regulations of the tenancy

You do not need to leave immediately. You may want to talk with landlord to see if you can cure the problem by paying the rent or taking other steps. If you can't fix the problem, you may want to come to an agreement about when you will leave. If you cannot come to an agreement, the landlord will have to take you to court before evicting you. You should receive a petition and notice of petition that will tell you when to go to court and what the landlord will try to prove. If you have defenses you want to use, you must go to court to tell them to the judge. The judge will decide whether you can be evicted. If the judge decides "yes", the sheriff needs to serve you with a notice giving you at least 72 hours to vacate. If you do not move by the date, the Sheriff can move your belongings out.

If you have a written lease, you need to fulfill your obligations under the lease until the end of the term, namely pay rent. If you leave early, you could be liable for unpaid rent to the end of term. You should contact your landlord and ask whether he/she will give you permission to leave early. If he/she refuses, you could try to find someone to sublease the portent. You should get legal advice to do this.

What should I do if my apartment's hot water heater breaks down?

You should notify the landlord immediately orally and in writing (keep a copy for yourself) and ask for it to be fixed right away. If the landlord does not respond, you should consult an attorney before exploring other options such withholding rent or fixing it yourself or having someone else fix it. All of these can be risky ventures for you. You could get evicted and/or be sued for damages.

WORKPLACE RIGHTS

How do I make sure I'm getting paid the right amount?

First, you should keep careful records of the hours you work and the pay you receive. Second, you should check your pay stub. Make sure you are receiving pay for all of the hours you have worked. Make sure you are getting paid at least the minimum wage. If you are getting paid tips, be sure the amount you get paid in check and tips equals at least minimum wage for every hour you work. If you worked more than 40 hours in one week and you work for an hourly rate, you should probably one and one-half times your rate of pay for every hour you work more than 40 hours.

I just got fired, what can I do?

In general, New York State is a work-at-will state, which means that usually employers can fire employees when they want for whatever reason. However, if you have worked a sufficient period of time, you may be eligible for unemployment benefits. If you are a union member, you may be entitled to remedies available under your contract. If you think your employer discriminated against you for a particular characteristic you possess including but not limited to your race, gender, national origin, religion, age, status as one who complained against the employer for violating the law, status as a victim of domestic violence, status as a parent or disability, you may have a discrimination claim. If you think you have a discrimination claim, please consult an attorney.

I'm under 18 years old. Where can I work?

If you are under 18 years old, you must obtain working papers before you can work (except for caddies, baby-sitters and minors older than 16 doing farm work). In general, minors 16 and over can do most jobs, including factory jobs. But they can't work in certain hazardous jobs such as operating power-driven machinery or circular saws, or construction work. 14 and 15 year olds can work in stores and offices but not in factory workrooms. They can do lawn work, but cannot operate washing, grinding, cutting, mixing, slicing, or pressing machinery or outside maintenance work on buildings. In general, those under 14 year olds cannot work except in certain circumstances such as paper delivery and farming. There are hour guidelines for what hours and how many hours minors can work on school days and on non-school days. You should contact the New York State Department of Labor for the details that you need.