Child support does not automatically terminate once the child reaches the age of emancipation in most states. To stop the collection, you may have to file a motion with the court that originally ordered the support.
So which states require a motion and which states automatically stop child support upon emancipation? DadsDivorce.com researched state child support laws and compiled this comprehensive list of state-by-state child support termination procedures.
If you need assistance ending your child support obligation, please contact Cordell & Cordell child support lawyers.
Related Resource:
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Alabama |
Obligor must file with the clerk of the court that issued the child support order a sworn affidavit stating that all children subject to the order have reached the age of majority and all child support arrearages are paid off. |
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Alaska |
Either the custodial or non-custodial parent of a child must notify the child support enforcement agency in their county for any reason a support order would terminate. |
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Arizona |
All child support orders signed by a judge after Jan. 1, 2005, will contain the date that the support should stop accruing. This automatically terminates the order unless there is any unpaid support owed. |
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Arkansas |
Child support obligations are automatically terminated if requirements for age of emancipation are met. |
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California |
Obligor must file an Ex Parte Application for Wage and Earnings Assignment Order with proof of the child’s age and education with the court. |
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Colorado |
A Motion to Terminate Child Support must be completed and filed with the court. |
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Connecticut |
A Motion to Modify and Terminate Child Support must be filed with the court. |
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Delaware |
Child support obligations terminate by operation of law. |
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District of Columbia |
A motion with the court to stop the child support order is needed to be filed. |
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Florida |
Request for the clerk of the court that filed the order for support to check the information on it and confirm emancipation of child. |
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Georgia |
Child support obligations automatically terminate when a child reaches majority. |
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Hawaii |
The Child Support Enforcement Agency will send each parent an administrative order proposing to terminate child support around the time the child is emancipated. Each parent will look over the proposed order and either approve it or request to contest the order at a hearing. |
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Idaho |
File a Motion and Affidavit to Terminate Income Withholding Order for Child Support. |
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Illinois |
The Child Support Order should contain a provision calling for the automatic termination of support upon the emancipation of child, but if no such provision exists, a motion to terminate should be filed with the circuit court that issued the original support order. |
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Indiana |
A Verified Petition to Reduce Child Support due to Emancipation of Minor Child(ren) must be filed with the clerk of the court that issued the original support order. |
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Iowa |
The custodial parent must submit a Motion to Terminate Income Withholding Order. The noncustodial parent will receive a hearing date from the court and must personally serve the motion on the custodial parent through a process server or sheriff. |
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Kansas |
An Affidavit for Termination of Child Support must be filed with the court. |
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Kentucky |
Provide the Kentucky Cabinet for Health and Family Services with the child’s original or certified birth certificate and, if applicable, the marriage license to terminate the support order. |
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Louisiana |
Child support obligation automatically terminates upon child’s emancipation. |
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Maine |
Fill out an Income Withholding for Support form, indicating that support needs to be terminated and provide all proper identifying information. Then send this to the proper entity, whether it be the Child Support Enforcement Agency or the court. |
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Maryland |
Send a written statement to your case specialist stating the facts of the case and that you need child support to be terminated because child was emancipated. |
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Massachusetts |
If the original support order doesn’t specify a Wage Assignment— specifies the date the order ends — then support will terminate automatically upon the emancipation of child. |
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Michigan |
Fill out an Income Withholding for Support form indicating that support needs to be terminated and send to the court that issued the order. |
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Minnesota |
Child support terminates automatically upon emancipation of child. |
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Mississippi |
Child support terminates automatically upon emancipation of child. |
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Missouri |
Complete an Affidavit for Termination of Child Support and turn it in to the court that issued the support order. |
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Montana |
Child support terminates automatically upon emancipation of child. |
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Nebraska |
Complete an Application and Affidavit to Obtain Termination of Child Support and turn them in to the clerk of the court that issued the order. |
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Nevada |
Child support terminates automatically upon emancipation of child. |
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New Hampshire |
Child support terminates automatically upon emancipation of the child. |
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New Jersey |
Must file a Motion for Termination of Child Support with the court that issued the order. |
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New Mexico |
A petition to terminate support may have to be filed with the court if the original order did not specify the date that support obligations were to end. |
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New York |
The non-custodial parent must make an application for the termination of child support upon the emancipation of the child. |
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North Carolina |
A Motion to Terminate Child Support must be filed when child is emancipated unless the original order specifically states the date that support obligations are terminated. |
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North Dakota |
A Notification of Termination must be sent to the Child Support Enforcement Agency that you filed the order with. |
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Ohio |
The custodial parent is required to notify the Child Support Enforcement Agency when child is emancipated that their support order needs to be terminated. |
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Oklahoma |
Once child is emancipated, a notice that all support obligations have terminated must be filed by obligor with the child support enforcement agency and any employers that withheld income from them. |
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Oregon |
A Request for Review of termination must be filed with the court. |
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Pennsylvania |
A Petition to Vacate must be filed with the court once child has been emancipated. |
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Rhode Island |
A Motion to Terminate child support must be filed when child is emancipated. |
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South Carolina |
A Motion and Affidavit in Support of Termination of Child Support Based on Emancipation must be filed with the court. |
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South Dakota |
A Motion to Terminate child support must be filed when child is emancipated. |
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Tennessee |
Child support terminates automatically upon emancipation of child if paying to other spouse, but if paying through a state child support office, a motion to terminate child support must be filed. |
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Texas |
Child support terminates automatically upon emancipation of child. |
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Utah |
An Affidavit for Termination of Child Support must be filed with the court. |
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Vermont |
Child support terminates automatically upon emancipation of child. |
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Virginia |
Child support terminates automatically upon emancipation of child. |
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Washington |
A Motion to Terminate must be filed with the court. |
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West Virginia |
File a Motion for Termination of Child Support with the court that issued the order. |
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Wisconsin |
A Motion to Terminate must be filed with the court. |
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Wyoming |
A Petition to Terminate Child Support must be filed with the court that issued the support order. |
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Sources: |
State judiciaries and child support agencies. |
My daughter turned 18 in September. She has a daughter now and is supposedly being home schooled. How much longer am I going to have to pay child support in Tennessee?
Overhaul this pathetic corrupt system
I had child support order in Houston TX and I am now trying to sell my house in Comal county and the Title company says they need something saying I paid my child support that was in arrears. (I rec’d letter from Att Gen saying I no longer required to pay per withholding of income). But this is not enough for the title company. What do I need to do? By the way this all took place and was completed in 2010. Help!
Please help! I live in oregon i now have sole custody of my 9 year old daughter but she was living with her father prior. I have to still pay back child support to the father. I got sole custody because he was using drug and got arrested for child endagerment. I am trying to get the back support dropped. What paper work do i need to file to stop payment which the child support offuce is holding
My ex wife got custody of my son he turns 17 in September and I still have 2 years of child support to pay and my son refuses to live with me in the state of Colorado or my ex wife she also is in colorado, he took off to live with his girlfriend in Washington state, can my son be emansipated? He refuses to come back to Colorado, i need help cuz I am paying a lot of child support $866 Still and my ex wife gets that money, she told my son I Dont pay support.. What should I do?? Help??
once he moves out and you can prove it, you’re done paying. Call your attorney.
My ex wife got custody of my son he turns 17 in September and I still have 2 years of child support to pay and my son refuses to live with me or my ex wife he rather live with his girlfriend in Washington state, can my son be emansipated? I need help cuz I am paying a lot of child support $866 Still and my ex wife gets that money, she told my son I Dont pay support.. What should I do?? Help??
I live in Michigan and pay $1,000/mo for my two girls, and one recently turned 18 (and already graduated). It seems obvious that it should drop to $500/month, but apparently the FOC needs something in writing from both of us. Shockingly my ex won’t sign in the hopes I will keep paying the full amount. What options do I have? I’m also concerned that they may re-review my support even though our Divorce Decree a long time ago was supposed to be “non-negotiable”, and I paid a lot more up front in spousal support, for less in child support.
Any help would be greatly appreciated. Thanks
I’m in DFW area of Texas, and in my case child support did NOT stop automatically.
Based on the type of case we had, Obligor (that’s me) had to file a IWO terminate order to stop child support after my child graduated.
OAG child support division was hit and miss…after about 4 calls with four different people, finally got a straight answer.
Also, if you go the DIY route like I did, when talking to court / OAG / district clerk, have to be clear you want to terminate because IWO order has been fulfilled. Otherwise you will be told to file a motion or petition which requires obligee’s notarized signature, which is not necessary of conditions of IWO have been met.
I live in CT so it looks like …”A Motion to Modify and Terminate Child Support must be filed with the court.” – what does this look like…meaning is this just paperwork or is it like a hearing where my ex-wife has to come and and we do new financial statements etc?
u can print a motion to dismiss both of u sign it have it notarized and file it with ur court
The support in Texas has not automatically stopped. Child is 18 and has graduated. We have had to spend hours at the freaking courthouse. The child hasn’t even been lived with the mother for over two years. Complete crap! Our daughters together are suffering financially because of the messed up court system. We pay for TWO CHILDREN one 22 and the other 18 and have 7 year old twins because they have made it such a pain. The mother had to sign off on the paperwork when she had submitted forms saying no arrears on prior withholding and payments were through the state. She is now evading constable to serve her costing us more money.
We already have car payments and insurance plus supporting these children in addition to paying the bimbo to not do it.
u might want to play nice to mom and get her to sign a motion to dismiss and that would stop it
Please help,,,,,,,, My son will be thirty this year has a collage degree….Since he was eighteen have have paid thru the courts almost 30,000.00 dollars……….his mother has agreed to sign papers stop payments????????????Do I need a lawyer or what should I do???The child support office has stop taking money out of my check but in July I have a 55.00dollar bill due for the child support off,an annual fee that I have always payed should I still pay it??????????
u just need to print a motion to dissmiss and u both sign it and file it in court and judge will sign it and it will stop
Family services of Missouri handled my child support. So I don’t see how petitioning a judge to terminate the support order is viable.
My daughter turned 21 on April 6th. FSM says I must still pay for the entire amount for the month of April.
Yet the laws covering this, state the obligations are over when the child reaches 21 unless otherwise ordered by a judge to continue or arrears are due.
So why must I keep paying? Is this right? What Can I do to stop this?
They told me over the phone that any over payment will be automatically refunded to me, yet every father I have talked to says that isn’t correct, I’d have to sue in civil court to get any over payment back. I’d like to prevent having to do that.
My husband recieved a form from CSS completed by the mother of his children. It says “Terminated” on it. What does that mean?
need a form to file motion to terminated child support for LaSalle county in IL
I live in New York. I have a son who is 20 yrs old. He is working part-time & is in college? Can he be emancipated based on his income, though he is 20 yrs old?
In the state of Texas, would like to know my right and how can I go by terminating child support. My daughter has dropped out of school as of a year ago and is only 17 she also has moved out of mothers house and living with others for over 6 months now. What can I do legally to terminate without needing to have a lawyer and fees… Our case was private within the Greg County district clerks office not With the Texas State District.
u still have to file a motion to dissmiss in that county
Childsupport is HELL ON EARTH……………….Tony
emasculate you, I surprised they don’t cut the “NON-CUSTODIAL PARENT’s”, balls off and send them along with the payment..TONY
Children live with father for years mother agrees to sign off on court ordered child support that she has gotten for years. How do we go about stopping the child support order?
my husband is getting sued for child support and he signed divorce papers with the fact that he did sign over his rights and the court issued the fact he would not need to pay child support so can she take us back to court now
There is no emancipation in the state of MA
I am a step mother that took very very good care of my stepson for 16 years. his mother and my husband and I had a great relationship, and he always had anything he ever needed. But due to his mother almost loosing her home, and at the age of 16 he came to us and asked if we would mind that he gets a part time job which was mainly on weekends so we accommodated his request. We have not spoken to him (maybe twice) since. During this period his mother in the midst of loosing her home, that was my husbands fault even though she was swamped with debt had her daughter living in her home with her partner. We became the bad guys “We never did anything for him”. Well she proceed to take my husband back to court for more child support. So her child support got raised (child is 18 at this point), my husband as NO right to know anything about what his son is doing (e.x attending school, working, etc…) but we continue to pay child support. On the way out of the court room the ex girlfriend (baby mama)had my husband a paper (note he has a witness with him a friend that attended court as support) it was a report that his son wrote for class and passed in stating that his father was nothing but a “Sperm Donor and a Check in the Mail”. And Thanks to the wisdom of the Commonwealth of Mass. That’s exactly what he is. Now he is 20 and we are still paying! For what we don’t know except he bought a puppy recently.
dropped out of school and pregnant
My 15 ye old daughter is pregnant and dropped out of school is that right that I still pay child support I have another family to support and the state is on her side and wont listen to me what can I do in this situation
Child Support
In February of 2012, when my son who turned 19 years old I petition the court to stop my child support which was granted. Now several months later, the mother has petition the court to have the order re-open to continue receiving child support. The state of Alabama only states to the age 19 and nothing at all stated concerning the child to still attending high school. Is this correct although the state does not even discuss it or have no guidelines concerning this issue. After researching the topic, states the judge can use his discretion on matters like this.
Please assist!!!!
Father
how can I get my Driver License back to me my son is 21 year old this year, he not in college and he not in the arm forces and the child support is still making me pay child support for another year, he does not live with her he live with her uncle, what can I do to pay off my child support to get my driver license back, I have call the child support to send me a payment book and they will not send it to me. Please I need to get a Attorney that will fight for me to get my license back I want to pay off my child support.
I have so many questions. Why review a law? Isn’t that called a constitutional challenge? What are we reviewing? Whether the law to terminate is constitutional? Are we reviewing whether this particular father should be exempt from the law to terminate? If the child’s mother wants child support for a thirty year old child, should not she be the petitioner, rather than the father, who has survived long enough for the law to terminate child support due to emancipation to apply? If paying through a state child support office, the office staff are happpy to enforce every other law related to child support, except the one to terminate? Why would there be tighter laws for a child support order that had been constantly monitored by the state, than one that had not? Why are 85% of people paying child support male? Isn’t that unconstitutional?