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, they are automatically emancipated. Generally, a parent’s obligation for custody and support ends when the child turns eighteen. However, if there is a divorce decree in place, it may extend the support obligation beyond age eighteen. You should review the decree to see if it states that child support continues until the child is emancipated. In many cases, support obligations will end when the child joins the military.
Some states allow for post-majority support, where a court may require parents to contribute to a child's post-secondary education. This can include tuition, books, and fees. If such an order is in place, the existing child support may be replaced with an obligation to cover educational expenses.
Most states do not require support beyond emancipation or the age of majority, but they will enforce agreements between parents that specify continuing support. In New Jersey, for instance, a judge has discretion to continue support beyond emancipation based on the child's educational needs.
The specific outcome will depend on the terms of your divorce order and the surrounding circumstances.
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.