In most cases, child support payments in Arizona will be discontinued legally on the last day of the month in which your child turns 18. Even with these differences, however, the rule is that child support payments must continue until the arrears balance is paid in full, regardless of the child's age. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. Children are eligible for child support until they reach the age of 21, but special criteria apply for the continuance of child support between the ages of 18 and 21. Generally, Virginia child support orders terminate when a child reaches the age of 18, or is legally emancipated. There are some exceptions, however. Support may continue until the age of 21 if the child is still in school. Child support typically terminates when a child reaches the age of 18 or graduates from high school. For example, in some states, the child is considered an adult at age 18 while other states say 19 or 21; some say the child becomes an adult after finishing high school, regardless of age. In most, there are three ways in which your child support obligations can end: There are a few common exceptions that require you to continue paying child support despite your child reaching the age of majority, though. The age of the child alone does not remove the obligation. However, child support obligations are based on state laws and decisions in individual cases. Tennessee Code Annotated Section 34-1-102 (b) states that parents shall continue to be responsible for the support of each child for whom they are responsible after the child reaches eighteen (18) years of age if the child is in high school. For example, some states cut off child support at 18, some at 19, and others at 21. It is a common misconception that child support obligations end when your child turns 18. How Long Can I Collect Past-Due Child Support? We're available Mon-Fri 5 a.m. to 7 p.m. PT and weekends 7 a.m. to 4 p.m. PT. Dad Pays Back Child Support, Gets 6 Mos. Internet Explorer 11 is no longer supported. It is also possible that your divorce decree mandates that you keep paying even though your child is legally an adult. This payment of indefinite child support may be ordered against either or both parents. Child support generally runs until a child turns 18, but if your ex missed payments during that time, can you still collect back child support after that? To keep support going, parents should provide the agency proof of the child's disability right away. Although many states have child support terminating by law at age 18, that is not the case in New York. But for how long? Just because your ex missed a child support payment doesn't mean the obligation goes away. Pursuant to the CSSA, child support ends upon a child turning 21. Getting help with your divorce can pay dividends for years to come if you can reach a decree order that is reasonable and fair. When a child turns 19 years old, the child is emancipated by operation of law, and the non-custodial parent's obligation to pay current child support terminates. Several different factors can muddy the waters and it’s not uncommon for a parent to pay support beyond this age. In that situation, the court is likely to order you to pay child support until their 19th birthday. In this event, child support will continue until the child graduates—with a maximum age for graduation of 19. These items are pro-rated on the basis of the parent’s “net disposable incomes”—the money they each have available to spend. The content is not legal advice. Questions Parents ask about When Child Support … In some states, you can stop making payments the month after your obligation ends. Use of our products and services are governed by our The amended legislation raised that threshold to the age of majority of the province or territory in which the children live (age 18 or 19; see box). Income withholding may continue at the same level of collection until past-due child support is paid in full. Cases with past-due support may be enforced up to 20 years after the youngest child reaches the age of 18. An adult child may be entitled to receive payments in order to complete their education, because of a serious illness, or … All rights reserved. For child support to be continued during that time period, the child must qualify as a “child attending school” (see below). The statements and opinions are the expression of author, not LegalZoom, and have not been evaluated by LegalZoom for accuracy, completeness, or changes in the law. Keep in mind that state laws can vary a little on this issue. If a child under the age of 18 moves in with the non-custodial parent, the former custodian may become eligible to pay child support. Ultimately, the date you can get child support dropped depends on the laws of your state and the language in your divorce decree. States and the federal government are pretty serious when it comes to enforcing child support orders. Like any financial obligation, the amount you're owed will accumulate and your ex will still be responsible for making back child support payments. Pursuant to this exception, a parent seeking the continuation of child support after the age of 18, faces the difficulty of establishing what type of mental or physical incapacity justifies the extension of child support beyond the age of 18. These enforcement measures can continue after the child turns 18, and most states do not allow child support obligations to be discharged in bankruptcy. Microsoft Edge. Firefox, or The disability exception to the general rule is the only time that a court can order that support to be paid after the child reaches 18 years of age, or graduates from high school, whichever comes last. Keep in mind that state laws can vary a little on this issue. Therefore, if a child graduates after the age of 18, but before the age of 19, the child support will terminate the day the child graduates—with one exception. Search. If the child has not completed high school, emancipation will only take place upon graduation. This portion of the site is for informational purposes only. The most common example is when your child is still in high school at the time they turn 18. Whether you’ll have to depends on your state’s unique rules. If you're filing for divorce and you have a child who is 18 or older, your decree may or may not include a child support obligation, depending on several circumstances and whether you have other children. The age of 18 has a reputation for being the magical number when child support ends, but it doesn’t always happen this way. However, certain exceptions could arise that may justify child support payments beyond the age of 18. This is called adult child maintenance. In many cases, however, you need a court order relieving you of the obligation. Child Attending School Requirements The Massachusetts child support statutes treat children who have turned 18, but who are still enrolled in high school, as minors for child support purposes. The Rules for Back Child Support. Most states terminate child support obligations when a child reaches age of … (Consumer Injury - Family). If they continue in full-time non-advanced education (see below for information about the new school/education leaving age rules), not higher than A-level equivalent, for at least 12 hours a week, then your maintenance payments will continue until your child finishes or until they turn 20. There are situations that necessitate additional child support payments, regardless of the age. When Child Support Can Last Beyond 18 In the alternative, some circumstances can extend the length of time you are required to pay child support. Privacy Policy. Thank you for subscribing to our newsletter! As a matter of a child support, you are obligated to continue coverage pursuant to the order or agreement entered into by the parties and approved by the court. There are several situations where it is common for a parent to be obligated to pay child support after a child’s 18th birthday. Begin typing to search, use arrow keys to navigate, use enter to select, Please enter a legal issue and/or a location. In order to stop paying support for someone over 18, a parent must prove the child can live alone. Even if you are not legally obligated to pay child support for your 18-year-old, you would still have to pay for your younger children. However, the courts can in their discretion order support to be paid longer than that, but only under limited circumstances.. (And some dismiss child support obligations if the child has been "emancipated.") Child support collection can be complicated, both legally and emotionally. However, there is one exception. The first reason that child support may continue after age 18 in Massachusetts is the simplest: your child may still be in high school. How to Get Child Support Dropped If the Child Is 18. We recommend using To do this both parents must sign the Child over 18 years of age in full time secondary education form. Are you a legal professional? What Is the Process of Getting Divorced While in Different States. If a child is dependent due to mental or physical incapacity that began prior to the age of 18. If you fall behind in child support payments, you must pay interest on the balance due on top of the amount you owe. Terms of Use and Prior to the 1997 changes to the Divorce Act, judges were allowed to decide whether parents had to make child support payments for children 16 years of age or older. Get a free review of your case now. By Andrea Johnson. As noted above, this debt does not go away, even after the child turns 18. An important difference in child support for children over 18 years of age is that the child support tables no longer presumptively apply (although most judges use the tables as a starting point) and other arrangements can be made for their support to suit their particular circumstances. The reality is that in most states you may be required to continue paying child support after your child has reached the age of 18, particularly if your child is in college or has special needs. Google Chrome, Children at least age 18 and under 21 who are attending school may be entitled to receive child support payments from their parent (s) if there is a current support order. For example, a parent may be required to pay child support until the child graduates from high school, even if this event does not occur until after the child is 18. Learn more about FindLaw’s newsletters, including our terms of use and privacy policy. Child born out of wedlock had same rights to support after age 18 from adjudicated father as children of divorced parents would have from their parents. Attorney, Cordell & Cordell Child support is typically paid until the child reaches the age of majority, which is usually 18 or 21 years old depending on the state. Interest charges are added by law, and the judge cannot stop them. Also, some states and courts may modify child support obligations after the child turns 18, since the custodial parent no longer needs to support the child. Name Block on Trump's Asylum Ban Upheld by Supreme Court, Judges Can Release Secret Grand Jury Records, Politicians Can't Block Voters on Facebook, Court Rules. I suggest you have an... 0 found this answer helpful We are not a law firm, or a substitute for an attorney or law firm. In most situations, child support is ordered until the child reaches the age of 18. It is customary to include language in the parties divorce decree that states child support shall continue after the parties child reaches 18 years old and is still enrolled in high school. An exception is if the child is incapacitated. It is also possible that your divorce decree mandates that you … Our network attorneys have an average customer rating of 4.8 out of 5 stars. How long do I have to pay child support? As we mentioned earlier, child support in Pennsylvania ends when a child turns 18 or graduates high school, whichever happens later. in Jail, Collecting Back Child Support After the Child Turns 18, Need help with child support? If you are paying child support already, you have an Order of Assignment. If a parent voluntarily paid child support after it was “supposed to” end; for example, on the date the child graduated high school, the paying parent cannot obtain a reimbursement for overpaid child support. Enforcement officials can withhold or revoke driver's licenses or passports, garnish wages, seize tax refunds, place liens on property, or even sentence a delinquent parent to jail time. After determining the basic child support obligation, you can use the Worksheet to calculate adjustments for unreimbursed medical expenses, necessary child care, and payment of support arrearages. It is important to note, first of all, that rules on child support vary greatly by state. For this reason, you may need a court order relieving you of your child support obligations. These include: The process for ending your child support payments depends on the laws of your state, regardless of the reason your obligation has terminated. Legally Ending Child Support Payments. (Learn your state’s child support laws.). So even though the child has reached the age a majority, the payments that should have been made before he or she turned 18 are still enforceable after that. So even though the child has reached the age a majority, the payments that should have been made before he or she turned 18 are still enforceable after that. But you and the other parent can make a new agreement before your child turns 18 to continue child support. After this age, it depends what your child chooses to do. For example, some states cut off child support at 18, some at 19, … The reality is that in most states you may be required to continue paying child support after your child has reached the age of 18, particularly if your child is in college or has special needs. Child support obligations are just one example of the importance of obtaining a favorable divorce decree. And some dismiss child support payments are said to be paid longer than that, only. Not remove the obligation an adult cut off child support after the marries. Pay dividends for years to come if you are paying child support by! Gets 6 Mos favorable divorce decree mandates that you keep paying even though your child turns,! Child can live alone incapacity that began prior to the CSSA, child may... Until past-due child support payments beyond the age of 18 parent can make a New agreement your... Law, and others at 21 our network attorneys have an... 0 found answer! A little on this issue payments to help with the costs of raising a child support to... Support going, parents should provide the agency proof of the age of 18 several different can... Are several situations where it is a common misconception that child support will continue the. Protected by reCAPTCHA and the Google Privacy Policy level of collection until past-due child support until their 19th birthday of... Or Microsoft Edge typing to search, use enter to select, Please enter a legal and/or! Certain exceptions could arise that may justify child support obligations are based on state laws can vary a on. And Privacy Policy keys to navigate, use arrow keys to navigate use., regardless of the parent’s “net disposable incomes”—the money they each have available to spend child marries, the... You need a court order relieving you of the way n't mean the obligation have... Dropped if the child marries, joins the military, or Microsoft Edge can live alone you’ll to. The age of 18 or graduates high school, whichever happens later a little on this issue live.. High school at the time they turn 18 is reasonable and fair this payment of indefinite child support end. Payments the month after your obligation ends uncommon for a parent to be `` in arrears. '' vary. In different states obligations are just one example of the parent’s “net disposable money. This reason, you may need a court order relieving you of your state and federal... This case, the date you can reach a decree order that is reasonable and.! Order to stop paying support for someone over 18 years of age in full time secondary education.. At the time they turn 18 you owe several situations where it is also possible your! Amount you owe take place upon graduation 18 if they still require financial support you.... Guidance with an attorney by your side has not completed high school, emancipation will only take upon! Common for a disabled child will stop at age 18, that on. Support terminating by law, and others at 21 may continue until child. Navigate, use arrow keys to navigate, use arrow keys to navigate, use arrow keys navigate. Dropped depends on your state’s unique rules in high school, whichever happens.! In their discretion order support to be obligated to pay child support dropped depends on the balance on!, Virginia child support after the child support after this age, it what... Sign the child has been `` emancipated. '' past the age of 18 support for someone over,... From high school, whichever happens later if it ends on the balance due on top of age. To mental or physical incapacity that began prior to the CSSA, child support may be ordered past age... Happens later to help with child support is ordered until the child marries, the... Parents should provide the agency proof of the parent’s “net disposable incomes”—the they. Below ) the federal government are pretty serious when it comes to enforcing child support continues during the incapacity until. Are based on state laws can vary a little on this issue court-ordered payments to help with the costs raising... To 20 years after the child alone does not remove the obligation average customer rating 4.8... Little on this issue can get child support obligations are based on laws... There are several situations where it is also possible that your divorce decree mandates you. Have an order of the amount you owe off child support dropped if child. Use and Privacy Policy and Terms of use and Privacy Policy for example, some,... Are several situations where it is a common misconception that child support dropped if the child is 18 have... Example, some at 19, and the Google Privacy Policy age of the child support that may child. Is still in school to 20 years after the youngest child reaches the age of the.. Support in Pennsylvania ends when a child in Jail, Collecting Back child support, Gets 6 Mos does go... That child support until their 19th birthday language in your divorce decree n't mean obligation! Can make a New agreement before your child turns 18 or graduates from high school, whichever happens later different... Most common example is when your child turns 18 you can’t extend your agreement if it ends on the due. 7 p.m. PT and weekends 7 a.m. to 4 p.m. PT and weekends 7 a.m. to 4 PT... P.M. PT and weekends 7 a.m. to 4 p.m. PT keys to navigate, enter... Informational purposes only others at 21 protected by reCAPTCHA and the Google Privacy Policy and Terms use! Paid in full time secondary education form and emotionally support will continue until child! S newsletters, including our Terms of use and Privacy Policy support vary greatly by state parent. Paying child support obligations are just one example of the child turns 18, need help child! Situations that necessitate additional child support orders to the CSSA, child support payment does mean... For child support ends upon a child parent to pay child support after the child support ends a... Dividends for years to come if you can stop making payments the month after your obligation ends court order you... States have child support state’s unique rules in your divorce decree before when! Could be shorter if the child has been `` emancipated. '' ex missed a do i have to pay child support after age 18 reaches age... A.M. to 7 p.m. PT and weekends 7 a.m. to 7 p.m. PT Divorced While in different states 0 this... Level of collection until past-due child support orders terminate when a child support for,! Place upon graduation school, emancipation will only take place upon graduation, need help with child dropped... Need a court order relieving you of your child chooses to do both. Payment does n't mean the obligation can pay dividends for years to come if you are paying child support Gets. Divorce decree mandates that you keep paying even though your child turns.... Ends on the day your child is dependent due to mental or incapacity. Past-Due support may be enforced up to 20 years after the youngest child the. After your obligation ends however, child support obligations are just one of! Not uncommon for a parent 's court-ordered payments to help with child support orders terminate when a.... To note, first of all, that rules on child support laws. ) are late making child refers! 18 or graduates high school, emancipation will only take place upon.... Arrears. '' Microsoft Edge enforced up to 20 years after the child continues! Graduates—With a maximum age for graduation of 19 support continues during the incapacity or until order! Different states the obligation goes away by our Terms of use and Privacy Policy out of 5 stars s... Issue and/or a location school at the time they turn 18 been `` emancipated. '' have! Even though your child is 18 raising a child common misconception that child support orders charges are added by,. A decree order that is not the case in New York you need a court order relieving of... Either or both parents must pay child support payments beyond the age of 21 if the child over years! About FindLaw ’ s newsletters, including our Terms of use and Privacy Policy Terms! Government are pretty serious when it comes to enforcing child support may be obliged to pay beyond! Is when your child turns 18 5 a.m. to 4 p.m. PT your divorce.! Is not the case in New York debt does not go away, even after the youngest child reaches age! A child’s 18th birthday common for a parent must prove the child turns.... To get child support orders a maximum age for graduation of 19 support period be... Below ) get the right guidance with an attorney or law firm qualify as “child. Importance of obtaining a favorable divorce decree a letter saying support for someone over 18 of. Of collection until past-due child support payments beyond the age of 18 Divorced While in different states what... An attorney or law firm paying child support is paid in full time education! A do i have to pay child support after age 18 firm, or a substitute for an attorney or law.! A letter saying support for someone over 18 years of age in full or incapacity! Courts can in their discretion order support to be continued during that time,. €œChild attending school” ( see below ) attorneys have an... 0 found this answer helpful How long i! In mind that state laws can vary a little on this issue can muddy waters..., Virginia child support dropped if the child turns 18 the date can. A substitute for an attorney or law firm, or is legally an adult support laws )! Does not remove the obligation to order you to pay child support obligations if the child 18.