Does Child Support End When A Child Turns 18?

If you are currently paying child support and your child is nearing the age of 18, you generally can start to prepare to stop making payments. However, your child reaching 18 years of age does not automatically mean you can stop making payments. There is a procedure that you must follow so that you do not find yourself in legal hot water. If you believe that your legal obligation to make payments is ending, here is what you need to know.

Has Your Legal Obligation Ended?

In order for your legal obligation to make child support payments to end, your child has to reach a certain milestone, such as turning 18. However, your child turning 18 might not be a big enough milestone to end your obligation to him or her. Some states make exceptions that allow children to continue to receive payments even though they are 18 years of age and older. 

For instance, if your child is still enrolled in high school or is pursuing an education at a college or university, you could still be required to make payments. You could also be required to make payments if your child has special needs. The support payments could continue as long as your child is in need of additional physical and medical care. 

It is important to note that there are some situations in which your obligation could end before your child reaches 18 years of age. For instance, if your child has been emancipated before the age of 18, your obligation could end. Since the laws tend to vary from state to state regarding when child support ends, it is important you check with your family lawyer to determine what your state's laws are. 

How Do You End Child Support?

You should never end your payments without taking some sort of legal action to protect yourself. If the court believes that you still owe child support or the proper steps to end your legal obligation have not been taken, you could end up facing arrears. 

The procedure to end child support can vary by state, but part of the process usually involves contacting your state's child support division and verifying that you are eligible to end your legal obligation. You might have to complete a written request to terminate the obligation. If there is some disagreement as to whether or not your obligation has ended, a court hearing could be scheduled. During the hearing, you will need to present proof that you no longer owe child support. For instance, if your child is 18 years of age and no longer enrolled in school, you could provide the court with school records showing he or she is not attending anymore. 

Contact your family attorney in the months leading up to your child's 18th birthday to start taking action to end your support when it is time. He or she can help you complete any documentation that is necessary and answer your concerns.