How Does My Child’s Emancipation Affect Texas Child Support?

 Posted on July 12,2024 in Child Support

Parents required to pay child support in Texas must pay a specific amount for each child until the child reaches the age of 18 or graduates from high school. Parents can agree on child support extending past the age of 18 if both parents intend to support their child in college. When a child suffers from a disability (mental or physical) that either manifested or was known to exist before the child reached the age of 18.  Even when the child is not institutionalized or hospitalized, the court can order indefinite child support when it can be shown that the child is incapable of becoming self-supporting or requires significant, continuous care and supervision.

Court-ordered child support payments for a disabled child can be paid directly to the child or to the parent or guardian. What happens when a child who has not reached the age of 18 becomes emancipated? Must the parent paying child support for that child continue to pay? 

This is an out-of-the-ordinary situation that can benefit from a knowledgeable McKinney County family law attorney. An experienced attorney can look at each individual situation and help you determine whether child support is still required.  

What Are the Reasons a Child Would Seek Emancipation?

Texas law indicates the various circumstances under which a child can become emancipated before reaching the age of 18. For instance, a minor can marry before turning 18 (with parental consent or a court order) or join the military, both of which lead to emancipation.

If a child remains in the custody and care of a parent, emancipation will not be possible. A child who wants to become emancipated must engage in legal action to do so. Why would a child want to self-emancipate? Some of the most common reasons include:

• The child has essentially been abandoned by his or her parents. The parents may not be present, may be abusing the child and his or her siblings, or may not be financially or physically caring for the minor.
• A minor who has their own source of income may become economically independent from their parents. Minors who do this usually earn significantly higher salaries than their parents and may have concerns about the mismanagement of their earnings.  
• Military service for a minor requires emancipation to be considered an adult so that the minor can fulfill their military service contract.  

Does Child Support for an Emancipated Child Cease Immediately?

A parent paying child support may seek to end the financial arrangement once a child becomes emancipated. While this may be possible in many circumstances, there are exceptions. If a child marries before the age of 18, then is divorced before the age of 18, and requires care and custody, the minor may be entitled to child support until they reach the age of majority.

One other situation exists that could require a parent to continue financial support for an emancipated child. This is when the parents’ divorce agreement included a parental obligation to support the child until a specific age.

Texas child support payments are not automatically terminated once the child reaches the age of majority or becomes emancipated. If a parent believes they meet the criteria for ending child support payments, they should speak to their attorney well before the time when they believe their last payment is due.

Contact a Collin County, TX Family Law Attorney

For additional information about child support payments after emancipation, speak to a qualified McKinney, TX child custody attorney who will assist you with your issue based on your unique situation. The attorneys at The Ramage Law Group are ready to help you solve all your family law issues, including whether you must pay child support following the emancipation of your child. At The Ramage Law Group, we strive to ensure our clients receive a fair child support arrangement that works for all those involved. Contact us at 972-562-9890 to schedule a meeting.