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Emancipation of a Child and the Impact on Child Support

Emancipation of a Child and the Impact on Child Support

A child can be considered legally emancipated at the age of 19. This is important since a child support obligation terminates once the child is found to be legally emancipated by the Court and an Order is issued terminating the child support obligation. If you have a current child support order, and your child turns 19, you must still file a petition with the Court and request the child support be terminated before your obligation terminates. A child may also be found to be emancipated by a Court earlier than 19 years old in certain circumstances. One instance is if the child (a) is at least 18 years old; (b) has not attended college or post-secondary school in the last 4 months and is not enrolled in college or a post-secondary educational institution; and (c) is or is capable of supporting himself or herself through employment. The Court has discretion to declare the Child emancipated, but is not required to. The Court will also find a child to be legally emancipated if the child is on active duty in the United States armed services or has married.

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This McNeelyLaw LLP publication should not be construed as legal advice or legal opinion of any specific facts or circumstances. The contents are intended for general informational purposes only, and you are urged to consult your own lawyer on any specific legal questions you may have concerning your situation.

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