Child Support Laws: What Qualifies As Emancipation?

Question:

My question regards child support laws and when my child is considered emancipated.

My son just graduated from high school at the age of 20 due to his poor grades and lack of attendance.

I thought I would be done paying child support at this point, but I’ve heard that I have to wait until October 1 to request a child support termination because he may enroll in college. It’s my understanding that if he enrolls in college, I will have to continue paying until he turns 21.

Is this true?

Answer:

I am only licensed to practice law in Missouri so I am unable to give you legal advice on divorce in your state. I can give general divorce help for men, though.

In my state, parent’s obligation to make child support payments continues until one of the following happens:

1.) the child dies;

2.) the child gets married;

3.) the child enters active duty in the military;

4.) the child becomes self-supporting, provided that the custodial parent relinquishes the child from her parental control;

5.) the child reaches age 18, unless the child is enrolled in and attending a secondary school program of instruction, then the support obligation continues if the child continues to attend and progresses toward completion of the program, until the child completes such program or reaches age 21, whichever first occurs.  If the child is enrolled in an institution of vocational or higher education not later than October 1 following graduation from secondary school or completion of a G.E.D., the child must satisfactorily complete at least 12 credit hours each semester, then the support obligation continues as long as the child provides a transcript or other official record showing the courses the child is enrolled in and has completed for each semester.

6.) the child reaches age 21 unless the provisions of the child support order specifically extend the parental support order past the child’s 21st birthday (for reasons of physical or mental incapacity).

Your support obligation continues until the child turns age eighteen, unless he is still in school. If he graduates from high school and has not reached age 21, you have to wait until October 1 to see if he enrolls in a vocational school or college.

If he does not, then you should request an order from the court terminating your child support obligation.

If he does enroll and continues to go to school for at least 12 credit hours each semester and provides documentation of his enrollment and satisfactory completion of the courses, your child support will continue until he turns 21.

Remember, I have only provided you with general information, not legal advice on divorce.

To schedule an appointment with a Cordell & Cordell attorney, including William F. Backer, an Associate Attorney in the Arnold, Missouri office, contact Cordell & Cordell.