When Do Child Support Obligations End?
Many factors are taken into account in determining when child support payments will end. In some situations, it is as simple as the child reaching the age of majority. In others, payments may not end until the child has graduated from college. If you have questions about child support, contact Law Offices of Scott David Stewart in Phoenix, Arizona to speak with an experienced family law attorney about your concerns.
Age of Majority and Emancipation
Absent exceptional circumstances or an agreement that states otherwise, the general rule is that child support obligations cease once a child reaches the age of majority. Under most state laws, this is 18 or 21.
If the child becomes emancipated, child support obligations also end. Emancipation means that the child is "beyond the control, custody and care of the parents." Reaching the age of majority can trigger emancipation. The child also can seek a court order to become emancipated from his or her parents. If a child marries, they are considered beyond the control of their parents. Likewise, if a child becomes economically self-sufficient - which means more than part-time employment - the child may be emancipated. In some jurisdictions, once a minor enlists in the armed services, he or she is considered emancipated.
College
Parents may be required to pay for college expenses as part of their support order. The parents may have agreed to pay for educational expenses or, in some states, the court may order the obligor parent to pay.
The court will consider several factors in determining whether to require a parent to pay for college, including:
- Would the parent have contributed to the child's educational expenses if there had not been a divorce
- Did the parent create a reasonable expectation that the child should attend college
- How does the child's proposed course of study fit in with the child's overall long-term goals and abilities
In many jurisdictions, the most important consideration is whether the parent has the ability to pay for college and whether paying for educational expenses will create economic hardship.
Disability
Many states require parents to continue to pay support after a disabled child reaches the age of majority. If the child becomes disabled after reaching the age of majority, most states do not require the obligor parent to pay for his or her care. Parents also can come to an independent agreement, subject to approval by the court, to provide care for a disabled child after he or she reaches adulthood. The costs and needs of an adult disabled child may be best handled separately from a child custody and/or divorce proceeding. In some instances, seeking the help of an estate planning attorney may be a better option for taking care of a disabled adult child's needs.
Conclusion
For more information on terminating child support obligations, contact Law Offices of Scott David Stewart in Phoenix, Arizona. An experienced family law attorney can explain your state's child support laws and help you construct the best plan for your children's needs.
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