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.
It is a good idea to bring a copy of your divorce decree with you to court so that the judge can look it over and take it into consideration. For example, if the father of the child is currently paying $500.00 per month in child support, that order might be terminated and the $500.00 directed to the child instead of the mother. Or, if the judge decides it is appropriate, the parents might be forced to pay $250.00 each to the child.
One thing that the judge will probably take into consideration is the age of your child. Even if a sixteen-year-old is capable of supporting himself, he might require additional support to ensure a safe and hospitable environment. Additionally, the judge will take into consideration the parents’ position; if they are against the emancipation, they are less likely to have to pay child support to their child.
Regardless, it is important to remember that your child deserves the ability to eat, sleep and have shelter. Try to put your anger, fear and resentment aside for the sake of your child, and make decisions that will benefit him or her the most. Even if you have to pay child support, at least you know that your child is well cared-for.
