I pay child support to my ex-wife for our 16-year-old son, who recently became a father after he got his girlfriend pregnant.
If my son now is supporting a child of his own, does that effect the amount of child support I would pay? Would the fact that he is now a father be cause for emancipation?
I am unable to give you legal advice on divorce. I can give general divorce help for men, though, my knowledge is based on Texas child support laws where I am licensed to practice.
My state’s child support laws define the termination of support upon:
1. marriage of the child before the age 18;
2. death of the child or obligor;
3. the child enrolling in the military;
4. the child being emancipated by court order; or
5. the latter of the child turning 18 years old or graduation from a high school.
Based on this statute, a child under the age of 18 years old having a baby does not qualify to terminate a child support obligation. Therefore, your child support may continue even though your son has a child at 16 years old.
Other factors to consider are whether you son is still currently enrolled in high school or has dropped out and whether your son still resides with the custodial parent or with his girlfriend.
Some courts may consider the fact that the child is no longer in high school or living with the custodial parent in determining whether to terminate child support.
Remember, I am unable to provide you with anything more than divorce tips for men, so please consult with a divorce lawyer in your jurisdiction.