Child Support and Emancipation of a Child

Posted By The Law Office of Kelley M. Enderley, PC || 4-Mar-2016

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.

Categories: Child support