When My Youngest Turns 18, Does Child Support Really End?

Question:

My divorce agreement says in writing that my child support ends when my youngest child turns 18.

Will that truly be the end of child support?

Answer:

Thank you for your question. While I do not practice law in your state and cannot speak specifically to that state’s laws, I can give you some general information about how child support affects custody.

In many states, child support shall terminate once the child is considered emancipated, which is reaching the age of 18 or graduating high school, whichever comes later.

Please note that in these states, typically, the court will send out an emancipation notice approximately three months before the child is set to be emancipated.  If no notice is sent, the payor must take affirmative steps to modify or terminate the order by filing a petition to terminate support.

Once support is terminated due to emancipation, in many states, a custodial parent cannot reapply for support at a later date. Usually, they are barred from seeking further child support.

There are very limited circumstances in which child support will continue past emancipation in such states.

For example, if a child is considered disabled and unable to provide for themselves through employment, then the court may compel parents to continue to support the child past the age of emancipation.

Remember, I am unable to provide you with anything more than divorce tips for men, so please consult a domestic litigation attorney to obtain specific advice as to the laws in your state and how they impact your potential case.

To arrange an initial consultation to discuss divorce rights for men with a Cordell & Cordell attorney, including Pennsylvania divorce lawyer Caroline Thompson, contact Cordell & Cordell.