Is A Child Emancipated If He Gets Married?

divorce lawyer Daniel LambertQuestion:

I pay child support and would like to know the child support laws concerning paying support to a child who is married.

I am not in arrears and my child just got married at age 18, but I’m scheduled to pay child support for another year.

Am I still required to pay child support to my ex-wife if my child is now married?

Answer:

Every state will have its own guidelines and child support laws. I can only provide advice on divorce in Wisconsin and recommend that you consult with a mens divorce attorney licensed in your state concerning the handling of child support.

Where I practice, the child support obligation continues until the child reaches the age of 18, or is less than 19 and pursuing an accredited course of instruction leading to the acquisition of a high school diploma or its equivalent.

The marriage by a minor child would emancipate the child. Child support is modifiable under state law and would require that a motion be filed by the party seeking child support modification.

Your child’s marriage should constitute a substantial change in which to request modification and have a hearing before the court. The parties would then proceed to the hearing and the court would decide if the support needs to be adjusted or eliminated all together.

A detailed inquiry into the particular facts of your case would be necessary prior to any hearing. Please understand that my opinions are based upon the limited facts that you provided to me. For financial advice on divorce and child support laws, contact a divorce lawyer in your jurisdiction.

To schedule an appointment with a divorce attorney, including Milwaukee Divorce Lawyer Daniel L. Lambert, please contact Cordell & Cordell Law Firm.

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