Does a child getting married qualify as emancipation from child support?

men's divorce lawyer Rachel BrucksQuestion:

Can I stop paying child support since my daughter is married with a child even though she is younger than 18? Is she considered emancipated if she is married?

My ex-wife and I both gave permission for the marriage, which was needed since she is a minor, so the marriage is legal.

 

Answer:

I do not practice in your state, and therefore I cannot give you information about the specific laws there. Contact an attorney in your jurisdiction. Cordell & Cordell has offices nationwide.

The great majority of states, however, have statutes that indicate once a minor is married, they become emancipated, which means that neither parent owes a duty to support the child. The marriage should be recognized in nearly all states, as both parents gave their signed consent to the marriage.

Some states allow a parent to petition to annul the marriage of his or her minor child if the parent did not consent to the marriage, but that is not the case here.

 

Rachel A. Brucks is a Staff Attorney in the Fort Worth, Texas office of Cordell & Cordell where she practices domestic relations exclusively. Ms. Brucks is licensed in the state of Texas. Ms. Brucks received her Bachelors degrees in English and Political Science from the University of Texas at Arlington. She received her Masters in Literature and Gender Studies from Texas State University, San Marcos; and received her Juris Doctor from Southern Methodists University, Dallas.

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