California Emancipated Minors Lawyer
Termination of Child Support for Emancipated Minors
Child support does not last forever. Under California law, child support can be stopped in certain circumstances. The Law Offices of Elena Mebtahi can help you terminate your child support payments if your child no longer qualifies or has become emancipated.
When Does Court-Ordered Child Support Usually End?
Child support must be paid until the child turns 18, unless the child has not yet graduated from high school. If the child is still in school, child support continues until graduation or until his or her 19th birthday, whichever occurs first. However, any arrears or past due balances will continue to remain due. A judge cannot order you to pay support for a child beyond the age of 19, unless the child is physically or mentally disabled. Of course, any prior agreements to support the child while he or she is in college can be enforced.
What is Emancipation?
Emancipation is a legal way for children under 18 to gain certain civil rights that are almost identical to those of adults. An emancipated minor is free of any authority from his or her parents. Once a minor is emancipated you no longer have to provide child support. Under California law, a child can be emancipated in one of the following ways:
- by getting married (with the permission of the parents and the court);
- by joining the armed forces (with the permission of the parents); or
- by petitioning the court for a declaration of emancipation (the child must be at least 14 years old, be living apart from his or her parents, have a proven legal means of support, and show that it is in his or her best interest).
Although child support stops once a child is emancipated, he or she is still considered a minor for purposes of school attendance, child labor laws, voting laws, motor vehicle laws, and the possession or purchase of alcohol and tobacco.
Do I Need An Attorney ?
Emancipation before the age of majority is never presumed. If you are seeking to stop child support, you must prove that the child is emancipated or no longer qualifies for support. At the Law Offices of Elena Mebtahi, we can help you terminate your child support under these circumstances. Contact us today for a free initial consultation.
