When Child Support Terminates:
Pitfalls and Considerations
By Staff Writer
In every state, child support terminates upon certain circumstances, such as a child reaching a particular age. It is important to realize that in many states, support can terminate earlier than your child reaching a set age, such as your child entering the armed services. If you have agreed or been ordered to pay child support, you should familiarize yourself with the laws in your particular state. When entering into an agreement, you should include all possible termination events that your state allows.
After educating yourself as to the possible emancipation events, and ensuring that your agreement or order provides for all possible situations, you should keep careful track of when your support obligation terminates. All too often, parents continue to pay support after they are obligated to make these payments. Collecting overpaid child support from your estranged partner or the local support collection unit can be difficult, time consuming and, if litigation is necessary, expensive.
You should also be aware that, even if child support terminates, you will still be obligated to pay any past-due amounts; commonly known as “support arrears”. To ensure that you are current in your support obligation, you should keep careful track of your payments. Do not trust the support collection unit to keep careful records. Mistakes can be made and, in such situations, you will need to have your records to correct the support accounting.
Treat your child support payments as you would any other important financial obligation, such as a student loan or mortgage. The best thing that you can do to protect yourself is to keep careful records. Retain documentation of your payments and never pay support in cash. Unfortunately people, estranged partners in particular, can be forgetful or dishonest. If you do not have proof of your payments and a dispute arises, you will face having to pay back support for a payment which you have already made.