Full question:
Good afternoon. My Son is entering the USA Coast Guard Academy on June 28, 2010. I understand that entering the military academy's constitutes emancipation. Do I still have to pay child support while he is in the service?
- Category: Divorce
- Subcategory: Child Support
- Date:
- State: New Jersey
Answer:
If a minor enters the military he/she is automatically emancipated. A parent will generally no longer have a duty of custody and support once the child turns 18. However, it is possible that the parent's duty of support is extended beyond the age of 18 in a divorce decree. I suggest reading the terms of any applicable divorce decree to determine applicability. For example, if a divorce decree states that child support will be owed until the child is emancipated, then the obligation to pay child support will end upon the child entering military service.
In some states, it is possible for the court to order support past the age of majority. It is typically referred to as post-majority support. If a court determines it appropriate for parents to contribute to a child's post-secondary education, the family court judge may terminate any existing child support order and replace it with an order requiring the parents to contribute to the child's education expenses. By law, these expenses include college or vocational school tuition, books, and fees. Orders may also include payment for health insurance or medical expenses.
Most states do not require support beyond emancipation or the statutory age of majority, but they will enforce an agreement between the parents that obligates one or both parents to provide it. Typically, the agreement to pay post-majority support is not subject to modification, nor is it a basis for deviation from guidelines. New Jersey leaves the decision to continue support beyond emancipation to the discretion of the judge, who reviews the need and capacity of the child for education, including higher education. The answer will depend on the terms of the divorce order and all the facts and circumstances involved.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
