Child support termination depends on legal agreements or jurisdiction laws. In the US, divorce decrees or support orders determine it, and noncustodial parents must support the child. Emancipation and mutual agreements can also end child support. State laws decide when child support ends for unmarried parents. Emancipation is a legal process where an individual can become an adult and end child support.
From a legal point of view, the determination of the termination of child support will depend on whether there is a legal agreement between the parents or, in the absence of an agreement, the law of the jurisdiction will decide. Laws relating to child support vary widely around the world. In the United States, the terms of a divorce decree or support order will determine the end of child support. State law will prevail if the parties have not entered into an agreement to continue the support for a longer period of time. Child emancipation is another way that child support can end.
In the United States, child support is ordered when the parents file for legal separation or divorce, or at the request of the custodial parent when the parents were not married at the time the child was born. Regardless of whether the parents were married or not, a noncustodial parent has an obligation to support the child. When a child is born out of wedlock, paternity must be legally established before the maintenance obligation begins. In most states, paternity can be established by both parents signing an affidavit of paternity or by either parent petitioning to establish paternity with the appropriate court.
When the child’s parents file for divorce or legal separation, child support will need to be addressed in the separation or divorce agreement. When the parties manage to reach a mutual agreement, the terms of the agreement are submitted to the court and, upon acceptance by the court, become court orders. In some cases, the parties may agree to continue child support beyond the age of majority — 18 in most states — particularly if the child is enrolled in a postsecondary institution. Indeed, the requirement that the child be enrolled in college is often the determining factor that decides when child support ends.
If the parties were not married, or if the terms of the divorce decree left open when child support ends, the laws of the state where the child resides will determine when child support ends. In most states, the obligation to pay child support ends when the child reaches the age of majority. In some cases, the law contemplates that a child turns 18 while still in high school and will require support to continue through high school.
Emancipation is another way to end your obligation to pay child support. Emancipation is a legal process by which an individual who is not of legal age applies to the court to obtain a legal determination that the individual has become an adult within the meaning of the law. As part of the decision whether to grant emancipation, the applicant usually has to demonstrate to the court that he is able to fend for himself. Accordingly, a parent who has paid child support will be relieved of the obligation if the emancipation request is granted.
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