How To End Child Support When Child Reaches Age Of Emancipation

Question:

Per a court order, I pay child support directly to my ex-wife and not through the courts. My daughter turns 18 next month, which is my state's age of emancipation.

Since my payments do not go through the state, can I simply cease paying my ex once my daughter turns 18 or do I have to file a child support termination form with the court?

Answer:

I am unable to give you legal advice on divorce. I can give general divorce help for men, though, my knowledge is based on New Jersey child support laws where I am licensed to practice.

It appears from your question that you are wondering whether your daughter should be deemed emancipated once she turns 18 and if so, whether that event terminates your child support obligation.

In general, most parties address the issues of emancipation and termination of child support in their divorce agreement which is known as a Property Settlement Agreement in some jurisdictions.

If you and your former spouse resolved your divorce by reaching an agreement, you should consult your divorce agreement to find out whether emancipation and termination of child support are addressed.

If you do not have an agreement or if the agreement does not address either of these issues, you should not unilaterally terminate the child support payments.

Moreover, even if your agreement addresses these two issues, generally you will need to return to court to obtain a court order emancipating your daughter and terminating your child support obligation.

Whether a child is emancipated and whether a parent’s child support obligation should be terminated depends on the facts of each case as well as the laws of your state.

Remember, I am unable to provide you with anything more than divorce tips for men, so please consult with a divorce lawyer in your jurisdiction.

To arrange an initial consultation to discuss divorce rights for men with a Cordell & Cordell attorney, including New Jersey Divorce Lawyer Christine A. Dolan, contact Cordell & Cordell.

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