How Long Does Child Support Have To Be Paid?

Regardless of which side of the equation a client might be on, a common question for someone to ask a child support attorney is, "How long will it be paid?" Let's take a look at some of the factors the court will look at in deciding when child support should end.

Age of Majority of the Child

This is by far the biggest factor in most cases. Generally, child support payments will end after a child has reached the age of majority and finished or left high school. This means it's common for a kid who's 18.5 years old, for example, to still be the subject of a child support order because they're still enrolled in school.

College Attendance

One of the more variable factors from state to state is the child going to college. Some states consider the whole matter over once a person's child has become an adult and finished high school, but a few allow support until the age of 21 as long as the child is enrolled in a post-secondary educational program. You should talk with a child support lawyer to confirm what the laws are in the state where support is owed. It is also possible for payment of college tuition to be included in a signed agreement between both parents.

Special Needs

When a child has special needs and becomes an adult, the court has significant leeway to order the continuation of financial support. The logic here is that the state of financial dependency on one of the parents hasn't changed even though the child has become reached the age of majority. Consequently, support may still be owed, especially if there are significant medical needs involved.

Emancipation

If the court emancipates a child, support can usually be terminated. A potential exception occurs when the emancipated child has special needs that require financial support similar to what was discussed in the previous section.

Note that the emancipation of a child does not automatically end a child support payment obligation. The obligated parent will have to petition the court.

Arrearages

No matter what else might be going that could end a child support obligation, unpaid amounts must always be settled. In other words, even if a child is over 18 and completely out of school, for example, that doesn't make arrearages go away. An obligated parent may also have to pay penalties on arrearages in accordance with state laws.

To learn more, contact a child support attorney in your area like Dawn M Ogrodny PC.