Will You Have to Pay Child Support If Your Child is Emancipated?

Child support becomes a complicated issue when your child is emancipated, especially since your legal obligations don't automatically stop. If you've been paying child support to your ex-spouse for your child and he or she becomes emancipated, you will need to petition the courts to terminate child support. The exact procedure varies depending on the state in which you live, and will also depend on several factors concerning your specific situation.

For one thing, child support agreements are extremely diverse. In some cases, support ceases when the child turns eighteen, but in some states, it doesn't stop until the child finishes college or turns 21. Emancipation is an entirely different issue, but the original child support order does impact what will happen once the courts make a declaration. You shouldn't count on your financial obligations ending just because your child has filed a claim for emancipation.

Furthermore, some states require that parents pay child support to their emancipated children, which further complicates the issue. Even though emancipated children are supposed to be self-sufficient and are required to support themselves, the court may order his or her parents to pay a monthly stipend until he or she reaches a certain age. This might or might not terminate the original child support order from the courts, so you'll need an experienced attorney.

First, you'll want to show up at your child's emancipation hearing. If you aren't present, the courts can make any order they wish without your input, which could result in an unfavorable decision. Whether or not you support this decision your child has made, it is important that you be present to give your testimony and assist with the decision-making process. The courts will consider your input along with what your child claims.