Diamond v. Diamond

293 P.3d 260 (2012)

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Nature of the Case

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Facts

Jhette Diamond (D), then sixteen years old, petitioned the district court in January 2007 for a declaration of emancipation pursuant to the Act. D left the home of her mother Adrienne Diamond (M) at age thirteen and had been living with several different households since that time. D had been working since the age of eleven, including for the past several years as a restaurant server and busser, while maintaining a high grade-point average as a sophomore at Española Valley High School. D was thriving with the support of the couple with whom she was living. D had no intention of returning to live with M, who maintained a relationship with the man whose violent behavior and substance abuse had contributed to D's decision to leave in the first place. The district court issued a 'Declaration of Emancipation of Minor' in March 2007, and that D shall retain the right to support from M' pursuant to Section 32A-21-5(D) of the Act. M filed a pro se motion claiming she was never served and a hearing was held. Testimony revealed that after a severe alternation M went to live with the boyfriend at his home, leaving D alone in their trailer with no water, gas, or electricity service due to unpaid bills. D remained in the trailer until being evicted several months later in the middle of winter. During this period, D continued to work and attend school full time. D frequently obtained food from a woman who employed her at a local restaurant. D eventually moved in with the brother of one of her neighbors, where she lived for several years, continuing to work at a local restaurant, paying for her own expenses and contributing to rent and other household expenses. D began living with members of the same extended family, a couple who allowed her to stay with them rent-free so that she could focus on school. Emancipated status also would allow D to open a bank account. Once again, the court ruled that D was 'an emancipated minor in all respects, except that she shall retain the right to support from M' pursuant to Section 32A-21-5(D) of the Act. D filed a petition asking the district court to order M to pay retroactive and prospective child support to Daughter. The hearing officer recommended that M be ordered to make support payments to D in the amount of $390.00 per month from March 1, 2008, until Daughter reached the age of eighteen or graduated from high school, whichever event occurred later. After more motions and hearings, the court entered judgment in D's favor in the amount of $15,278.00 (with $13,640.00 of that total owed as pre-emancipation support, and $1,638.00 owed as the remaining balance from the period post-dating D's emancipation), and directed M to make specified monthly payments to fulfill her support obligation. M appealed. It agreed with M that the law does not permit an emancipated child to receive child support. It reversed the holding. D appealed.