Emancipation

Duty to Support One's Child

The issue of emancipation usually arises in the context of modifying or terminating an individual's child support obligation. A parent generally has the duty to support his/her child until the child is emancipated. Emancipation terminates a parent's obligation to support the child and frees the child from the care, custody, and control of his/her parents. The most common manner by which a child is emancipated is by law when the child reaches the age of twenty-one (21) years old.

Emancipation of a Child Before Age 21

  • The child has joined the United States armed services;
  • The child has married;
  • The child is not under the care or control of either parent (or an individual/agency approved by the court); or
  • The child is (a) at least 18 years old; (b) the child has not attended a secondary school or postsecondary educational institution (such as a college or trade school) in the past four months and is not currently enrolled; and (c) the child is able to financially support himself/herself through his/her own employment.

If a court finds that the child is 18 years of age and has not attended school in the last four months, but the child is only able to partially financially support himself/herself, the court may order that child support be reduced instead of terminated.

Incapacitated Child

There are some situations where a parent would need to continue supporting a child after the child has turned 21 years of age. If the child is incapacitated, the court may find that a parent has the duty to support an adult child. "Incapacitation" means that the child is unable to financially support himself/herself entirely through employment due to a mental or physical condition. A parent may be required by the court to support the child during the child's incapacity or until the court orders otherwise.

Educational Expense Order

A parent may still be required to pay for educational expenses after a child is emancipated. Educational expenses are different from child support and may include tuition, books, supplies, activity fees, room, and board. A request for a parent to contribute to a child's educational expense must be made before a court has determined that a child is emancipated.

Child Support Orders for Two or More Children

In cases where there is an undivided child support order for two or more children, the emancipation of one child does not automatically decrease the amount of child support. A parent must continue to pay the specified child support amount until either the payments are modified by court order or until all of the children are emancipated.

Emancipation - FAQ's

What is emancipation?

Emancipation is when a child is no longer under the control of a parent or guardian, and the parent or guardian is no longer responsible for the child.

When is a child emancipated?

A child is emancipated by law when the child reaches twenty-one (21) years of age. A court may find that a child is emancipated before the child reaches the age of twenty-one if the child has joined the military, has married, or is no longer under the care or control of either parent. A child may also be emancipated before the age of twenty-one if the child (1) is at least 18 years of age; 2) the child has not attended a post-secondary educational institution in the last four months nor is currently enrolled; and (3) the child is capable of supporting himself through employment. If, however, the child is 18 and has not attended a post-secondary educational institution in four months, but he/she is only capable of partially supporting himself/herself, the court may modify the child support order rather than terminate it.

Will I need to continue paying child support after my child is emancipated?

Usually, the answer is "no." A parent's responsibility to support a child ends when the child is emancipated. However, if a child is incapacitated (incapable of financially supporting himself/herself) a parent may still be obligated to financially support that child through the child's incapacity or until further order of the court.

Do I need to continue to pay educational expenses after a child is emancipated?

Yes. If there is an order for educational needs, a parent must still provide for those educational expenses after a child's emancipation. An educational expense order will continue in effect until further order of the court. However, the request for a parent to contribute to educational expense must be initiated before the court has determined that the child is emancipated.

What affect does the emancipation of one child have on an undivided child support order for two or more children?

A parent must continue to pay the full amount of child support until the court orders the reduction of support due to the emancipation of one child. However, a court will not usually reduce the undivided amount pro-rata, because often that will leave the remaining child(ren) with an amount of support significantly below the Guideline amount.