Terminating Child Support Upon Emancipation

Question:

I currently pay child support for both of my kids. One graduated two years ago and the other is graduating in two weeks.

How do I terminate the child support payments for them? I thought it would automatically stop for both of them, but I was mistaken and I now owe quite a bit in arrears.

Answer:

While I am not licensed to practice law in your state, I can give some general guidance on this issue.

Every state has different law regarding when children are considered emancipated for support purposes and whether the emancipation is retroactive or based on when you file.

For instance, in Indiana, support terminates when the children are 19, unless they are emancipated earlier for limited reasons, but you must request the emancipation and child support termination. If you request it later, it does not have a retroactive effect.

If the same is true in your state, you wouldn’t get any “credit” for the fact that you paid support after your children were emancipated, but it would stop support going forward. You will likely have to continue paying on your arrearage.

It is possible that you will not need any documentation to prove the children’s age, and graduation may not be relevant.

I would advise you to seek a consultation with an attorney in your state, which you can probably arrange by telephone or Skype or other similar methods, to determine what the age of emancipation in your state is, whether their educational status is relevant, and what actions you need to take to terminate support.

To arrange an initial consultation to discuss divorce rights for men with a Cordell & Cordell attorney, including Indianapolis divorce lawyer Kyli Willis, contact Cordell & Cordell.