after the child is emancipated does child support automatically stop for that child?
Answers:
For texas- it is whichever one occurs later -- if he is still in highschool when he's 18- it will continue until he graduates.. check the information below. and no, you don't have to pay during college, unless he is 18 and in college-which, he most likely won't be.
****TEXAS INFORMATION
Texas Family Code (154.001, 154.002) defines the age of emancipation as 18 years of age or when the child graduates high school, whichever occurs later.
In Texas, child support is automatically terminated at 18 years of age or when the child graduates high school, whichever occurs later. In cases of mental or physical disability, the court may extend support beyond the age of majority. The date of the court order does not affect what law is applied. Child support does not terminate if the child leaves the household but does not emancipate.
I think it's the later of age 18 and high school graduation (assuming they're currently enrolled because they discovered that lots of kids don't graduate until a number of months after their 18th birthday)
yes child support does stop if it's a state pursued case; unless the child is in college full time or they have not graduated from high school. However, even if they are 18 as long as the child is a full time college student child support continues until the child is less than full-time status.
At which point, it must be pursued as a civil issue ..i.e.; the child and/or mother sues the father in civil court for damages as a result of failure to provide for the child up until the age of 18 or non-full time student status.
A child is not emancipated at 18. Emancipation is a legal 'breaking' of the parent/child responsibility. Turning 18 is 'reaching the age of majority'. Under 18 is a minor. Get it, major/minor?
The cessation of support is dependent on the court. If a child is still in school, even college, a non-custodial parent can still be ordered to pay. This usually stops by age 21. The order should already stipulate to what age and under what circumstances support must be paid. If it says until the 18th birthday, then it will either stop automatically, or the recipient will have to give back any money collected after that date.
You need to obtain a Motion to Modify from the local Clerk of Court's office and go to court for the Judge to order the support stopped and so that all appropriate paperwork is completed.
Subscribe to:
Post Comments (Atom)
No comments:
Post a Comment