When is a Child Legally Emancipated?

The question of when a child becomes legally emancipated is important, especially if their parents are divorced and one of them is paying child support. A support agreement can end once a child is emancipated, but some conditions must be met first. It’s wise to consult with our Morristown child support attorneys if you believe that your child support arrangement should end or be extended.

Is a Child Emancipated at 18?

They can be, but they do not have to be. While the law considers someone an adult in many ways once they reach the age of 18, emancipation is defined in a specific way. Someone who is emancipated is not just beyond the control of the parents, but they are also released from their support. An 18-year-old can make many adult decisions, like entering into contracts, but they may not be considered emancipated if they still need support from their parents.

How Does a Child Become Emancipated?

A child is emancipated when they are on their own completely. In some cases, a child will petition to be emancipated from their parents. They would have to show that they can support themselves. This is not all that common of a situation, so a child is more likely to be considered their own person once they have:

• Enlisted in the military
• Gotten married
• Completed college and secured full-time employment
• Moved out of their family home

Any combination of the above factors can show that someone is emancipated in the eyes of the law.

When Can I Stop Paying Child Support?

Once a child is considered emancipated, that should put an end to any child support arrangement though. It’s usually not advisable to just stop paying child support. You should make it clear to the court why you think the agreement should come to an end first.

A support arrangement can end at 18 or 19, but they often last longer. A child is usually not considered emancipated if:

• They are still in high school
• They are enrolled full-time in college or another similar program
• They have a physical or mental disability

So while it is often presumed that turning 18 can emancipate a child, it can be easy to prove that they are not quite independent yet and the extension of a child support agreement is required. Some parents also make their own arrangements to keep supporting a child through school without the court needing to step in. Other arrangements can also be made to make sure that a disabled child continues to receive support even as an adult.

Talk to an Attorney

If you have questions about your current child support agreement, our experienced attorneys may be able to help. Contact Lazor Rantas, PC and we can tell you more about emancipation and when a support agreement can be ended or extended.