Child Support Payors often assume that when their child reaches the age
of emancipation they can simply cease paying
child support. Child support magistrates tend to take a much different approach to termination
of an obligation that payors must be acutely aware of.
In Order to terminate a child support obligation, the payor must file for
a termination of the obligation either on the child’s birthday or
the soon thereafter. If the obligor fails to timely file, they may be
on the hook for additional months of support. For example, let’s
say an obligor has a Support Order for two children, one of which has
reached the age of emancipation.
If the payor adjusts the amount he or she is paying to reflect the fact
that they’re only supposed to be paying for one child, they may
be ordered to pay the amount back to the time when he or she adjusted
the amount without a court order.
This all sounds very harsh. How can I be responsible for support when my
child was over the age of emancipation? The reality is that until you
have a court order terminating your obligation or part thereof, you must
continue paying and will likely run into issues if you take unilateral action.