Terminating Child Support Upon Emancipation

marital assetsQuestion:

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.

Indiana divorce lawyer Kyli Willis
Indiana divorce lawyer Kyli Willis

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.

End of Content Icon

Shawn Garrison is an Online Editor for Lexicon, focusing on subjects related to the legal services of customers, Cordell & Cordell and Cordell & Cordell UK. He has written countless pieces dealing with the unique child custody and divorce issues that men and fathers face. Through his work on CordellCordell.com, CordellCordell.co.uk, and DadsDivorce.com, Mr. Garrison has become an authority on the complexities of the legal experience and was a content creator for the YouTube series “Dad’s Divorce Live” and additional videos on both the Dad’s Divorce and Cordell & Cordell YouTube channels. Mr. Garrison has managed the sites of these customers, and fostered the creation of several of their features, including the Cordell & Cordell attorney and office pages, the Dad’s Divorce Newsletter, and the Cordell & Cordell newsletter.

2 comments on “Terminating Child Support Upon Emancipation

    My child is 18 and graduate high-school may 26th 2016
    He has chose to stay home go to collage full time .
    My son turns 19 July 10th 2016.
    ☆☆Exactly as the the main custodian parent that _has_ received child support need to _ do _to keep reviving help for my son’s living expenses while living in my house and going to college from here..
    Please please help before it’s to late. .

    My child is 18 and graduate high-school may 26th 2016
    He has chose to stay home go to collage full time .
    My son turns 19 July 10th 2016.
    ☆☆Exactly as the the main custodian parent that _has_ received child support need to _ do _to keep reviving help for my son’s living expenses while living in my house and going to college from here..
    Please please help before it’s to late. .

Leave a Reply

Your email address will not be published. Required fields are marked *