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Child Support Termination Procedures By State

Thursday, 21 June 2012 00:00

state child support terminationChild support does not automatically terminate once the child reaches the age of emancipation in most states. To stop the collection, you may have to file a motion with the court that originally ordered the support.

So which states require a motion and which states automatically stop child support upon emancipation? DadsDivorce.com researched state child support laws and compiled this comprehensive list of state-by-state child support termination procedures.

If you need assistance ending your child support obligation, please contact Cordell & Cordell child support lawyers.

 

Alabama

Obligor must file with the clerk of the court that issued the child support order a sworn affidavit stating that all children subject to the order have reached the age of majority and all child support arrearages are paid off.

Alaska

Either the custodial or non-custodial parent of a child must notify the child support enforcement agency in their county for any reason a support order would terminate.

Arizona

All child support orders signed by a judge after Jan. 1, 2005, will contain the date that the support should stop accruing. This automatically terminates the order unless there is any unpaid support owed.

Arkansas

Child support obligations are automatically terminated if requirements for age of emancipation are met.

California

Obligor must file an Ex Parte Application for Wage and Earnings Assignment Order with proof of the child's age and education with the court.

Colorado

A Motion to Terminate Child Support must be completed and filed with the court.

Connecticut

A Motion to Modify and Terminate Child Support must be filed with the court.

Delaware

Child support obligations terminate by operation of law.

District of Columbia

A motion with the court to stop the child support order is needed to be filed.

Florida

Request for the clerk of the court that filed the order for support to check the information on it and confirm emancipation of child.

Georgia

Child support obligations automatically terminate when a child reaches majority.

Hawaii

The Child Support Enforcement Agency will send each parent an administrative order proposing to terminate child support around the time the child is emancipated. Each parent will look over the proposed order and either approve it or request to contest the order at a hearing.

Idaho

File a Motion and Affidavit to Terminate Income Withholding Order for Child Support.

Illinois

The Child Support Order should contain a provision calling for the automatic termination of support upon the emancipation of child, but if no such provision exists, a motion to terminate should be filed with the circuit court that issued the original support order.

Indiana

A Verified Petition to Reduce Child Support due to Emancipation of Minor Child(ren) must be filed with the clerk of the court that issued the original support order.

Iowa

The custodial parent must submit a Motion to Terminate Income Withholding Order. The noncustodial parent will receive a hearing date from the court and must personally serve the motion on the custodial parent through a process server or sheriff.

Kansas

An Affidavit for Termination of Child Support must be filed with the court.

Kentucky

Provide the Kentucky Cabinet for Health and Family Services with the child's original or certified birth certificate and, if applicable, the marriage license to terminate the support order.

Louisiana

Child support obligation automatically terminates upon child's emancipation.

Maine

Fill out an Income Withholding for Support form, indicating that support needs to be terminated and provide all proper identifying information. Then send this to the proper entity, whether it be the Child Support Enforcement Agency or the court.

Maryland

Send a written statement to your case specialist stating the facts of the case and that you need child support to be terminated because child was emancipated.

Massachusetts

If the original support order doesn't specify a Wage Assignment— specifies the date the order ends — then support will terminate automatically upon the emancipation of child.

Michigan

Fill out an Income Withholding for Support form indicating that support needs to be terminated and send to the court that issued the order.

Minnesota

Child support terminates automatically upon emancipation of child.

Mississippi

Child support terminates automatically upon emancipation of child.

Missouri

Complete an Affidavit for Termination of Child Support and turn it in to the court that issued the support order.

Montana

Child support terminates automatically upon emancipation of child.

Nebraska

Complete an Application and Affidavit to Obtain Termination of Child Support and turn them in to the clerk of the court that issued the order.

Nevada

Child support terminates automatically upon emancipation of child.

New Hampshire

Child support terminates automatically upon emancipation of the child.

New Jersey

Must file a Motion for Termination of Child Support with the court that issued the order.

New Mexico

A petition to terminate support may have to be filed with the court if the original order did not specify the date that support obligations were to end.

New York

The non-custodial parent must make an application for the termination of child support upon the emancipation of the child.

North Carolina

A Motion to Terminate Child Support must be filed when child is emancipated unless the original order specifically states the date that support obligations are terminated.

North Dakota

A Notification of Termination must be sent to the Child Support Enforcement Agency that you filed the order with.

Ohio

The custodial parent is required to notify the Child Support Enforcement Agency when child is emancipated that their support order needs to be terminated.

Oklahoma

Once child is emancipated,  a notice that all support obligations have terminated must be filed by obligor with the child support enforcement agency and any employers that withheld income from them.

Oregon

A Request for Review of termination must be filed with the court.

Pennsylvania

A Petition to Vacate must be filed with the court once child has been emancipated.

Rhode Island

A Motion to Terminate child support must be filed when child is emancipated.

South Carolina

A Motion and Affidavit in Support of Termination of Child Support Based on Emancipation must be filed with the court.

South Dakota

A Motion to Terminate child support must be filed when child is emancipated.

Tennessee

Child support terminates automatically upon emancipation of child if paying to other spouse, but if paying through a state child support office, a motion to terminate child support must be filed.

Texas

Child support terminates automatically upon emancipation of child.

Utah

An Affidavit for Termination of Child Support must be filed with the court.

Vermont

Child support terminates automatically upon emancipation of child.

Virginia

Child support terminates automatically upon emancipation of child.

Washington

A Motion to Terminate must be filed with the court.

West Virginia

File a Motion for Termination of Child Support with the court that issued the order.

Wisconsin

A Motion to Terminate must be filed with the court.

Wyoming

A Petition to Terminate Child Support must be filed with the court that issued the support order.

Sources:

State judiciaries and child support agencies.

Comments (5)Add Comment
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written by Kevin Pedersen, June 27, 2012
I have so many questions. Why review a law? Isn't that called a constitutional challenge? What are we reviewing? Whether the law to terminate is constitutional? Are we reviewing whether this particular father should be exempt from the law to terminate? If the child's mother wants child support for a thirty year old child, should not she be the petitioner, rather than the father, who has survived long enough for the law to terminate child support due to emancipation to apply? If paying through a state child support office, the office staff are happpy to enforce every other law related to child support, except the one to terminate? Why would there be tighter laws for a child support order that had been constantly monitored by the state, than one that had not? Why are 85% of people paying child support male? Isn't that unconstitutional?
0
Father
written by John B Clay, June 28, 2012
how can I get my Driver License back to me my son is 21 year old this year, he not in college and he not in the arm forces and the child support is still making me pay child support for another year, he does not live with her he live with her uncle, what can I do to pay off my child support to get my driver license back, I have call the child support to send me a payment book and they will not send it to me. Please I need to get a Attorney that will fight for me to get my license back I want to pay off my child support.
0
Child Support
written by B. Brandon, August 15, 2012
In February of 2012, when my son who turned 19 years old I petition the court to stop my child support which was granted. Now several months later, the mother has petition the court to have the order re-open to continue receiving child support. The state of Alabama only states to the age 19 and nothing at all stated concerning the child to still attending high school. Is this correct although the state does not even discuss it or have no guidelines concerning this issue. After researching the topic, states the judge can use his discretion on matters like this.

Please assist!!!!
0
dropped out of school and pregnant
written by Aaron , January 28, 2013
My 15 ye old daughter is pregnant and dropped out of school is that right that I still pay child support I have another family to support and the state is on her side and wont listen to me what can I do in this situation
0
There is no emancipation in the state of MA
written by CL, January 24, 2014
I am a step mother that took very very good care of my stepson for 16 years. his mother and my husband and I had a great relationship, and he always had anything he ever needed. But due to his mother almost loosing her home, and at the age of 16 he came to us and asked if we would mind that he gets a part time job which was mainly on weekends so we accommodated his request. We have not spoken to him (maybe twice) since. During this period his mother in the midst of loosing her home, that was my husbands fault even though she was swamped with debt had her daughter living in her home with her partner. We became the bad guys "We never did anything for him". Well she proceed to take my husband back to court for more child support. So her child support got raised (child is 18 at this point), my husband as NO right to know anything about what his son is doing (e.x attending school, working, etc...) but we continue to pay child support. On the way out of the court room the ex girlfriend (baby mama)had my husband a paper (note he has a witness with him a friend that attended court as support) it was a report that his son wrote for class and passed in stating that his father was nothing but a "Sperm Donor and a Check in the Mail". And Thanks to the wisdom of the Commonwealth of Mass. That's exactly what he is. Now he is 20 and we are still paying! For what we don't know except he bought a puppy recently.

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