Emancipation: The End of Child Support

By Staff Writer

Child support ends when a child is emancipated. In some states, parents are obligated to financially support their child until the child reaches the age of 21 or becomes earlier emancipated. In other states, the age of emancipation is 18.  A parent has no obligation to support a child who is emancipated, unless the parties agree otherwise and memorialize their agreement in writing.  Thus, if a child in a state where the age of emancipation is 21 or older and attending college, an Agreement between the parents extending the support payor’s obligation to pay support or college expenses beyond the age of 21 must exist in Order for the Court to impose such a liability.  In the states where, Child Support terminates at the age of 18, even if a child is still attending high school, Child Support payments will cease.

Various events will serve to emancipate a child before the emancipation age, thereby ending a parent’s support obligation. Once of those events is the entry by the child into military service. The rationale for this exception is that once a child enters the military he or she is no longer under parental control but is under the complete control of the U.S. Government. The Government is responsible for providing for the child’s necessities and for paying a salary to the child. The child is deemed to be financially independent and, even if one parent is regularly visiting the child and providing the child with “extras”, such a magazine subscriptions and care packages, the child will be considered emancipated.

Two other events, which can end a party’s support obligation, are the death of either the support payor or the child. In the event of the death of the parent paying support, absent an express provision on an Agreement between the parents, no claim will exist against his or her estate for additional support payments. The support obligation will be deemed terminated. If the child dies during minority, obviously, so too will a parent’s obligation to provide financial support for that child.

The marriage of a child will end a parent’s support obligation. Once a child’s status has changed from that of a child under the control and care of a parent to a married person, it is deemed inconsistent to the principals of Child Support and inequitable to require a parent to provide financial support. If a minor child gives birth to a baby, the child may also be deemed emancipated. Whether or not a Court will consider such an event an emancipation will hinge on factors such as whether the child is gainfully employed, living outside of the parental home, and whether or not the child is married.

If a child is younger than the age of emancipation but living outside of their parent’s home and  receiving public assistance, the parent may still be required to provide Child Support. While the receipt of public assistance alone is not enough to require a parent to pay support, a Court may extend a parent’s support obligation. 

Other events can also lead to emancipation.  If a child moves out of their parent's home and becomes and becomes fully employed and self-supporting, a parent’s support obligation will end. Seasonal or part time employment during a child’s summer or other school breaks and while a child is attending school, is usually not deemed a sufficient emancipation event.

If the child is adopted by another party, the parent who is relinquishing his or her parental rights will no longer have an obligation to pay Child Support. However, the Child Support obligation will continue until the adoption is final. As a result, during the adoption process, but before the final declaration of adoption is issue, a parent’s obligation to pay Child Support will continue.

The conduct of the child may lead to a determination that he or she is emancipated.  Thus, if a child refuses to submit to parental control and guidance, a parent may be able to cease paying Child Support.  A Court Order is generally required to terminate Child Support under these circumstances.

If a child moves from the home of one parent to the home of the support payor, the move is not considered an emancipation event. Since the minor child is still being financially cared for by the parents, and is under the control and guidance of the parents, he or she is not emancipated. The child’s change in physical residence may be considered a ground for modification of Child Support.

The varying rules between the states on the age of emancipation can have a significant effect upon the payment of child support.  If a Child Support Order is issued by a state with an emancipation age of 18, the custodial parent and child's move to a state where the age of emancipation is 21 will not change the age of emancipation.  The Child Support Order of the original state will continue to control, except under very limited circumstances.