My 17-year-old son got legally emancipated. Can I terminate the child support?

Full question:

I am divorced and I have been providing child support to my 17-year-old son. He recently got legally emancipated. Can I now terminate the child support under the Ohio State law?

  • Category: Divorce
  • Subcategory: Child Support
  • Date:
  • State: Ohio

Answer:

In Ohio, the child support can be terminated upon showing that the child has obtained emancipation. The statute ORC Ann. 3119.88 provides as follows:
 “Reasons for which a child support order should terminate include all of the following:

     (A) The child's attainment of the age of majority if the child no longer attends an accredited high school on a full-time basis and the child support order requires support to continue past the age of majority only if the child continuously attends such a high school after attaining that age;
     (B) The child ceasing to attend an accredited high school on a full-time basis after attaining the age of majority, if the child support order requires support to continue past the age of majority only if the child continuously attends such a high school after attaining that age;
     (C) The child's death;
     (D) The child's marriage;
     (E) The child's emancipation;
     (F) The child's enlistment in the armed services;
     (G) The child's deportation;
     (H) Change of legal custody of the child.”

The age of majority as per the state law is 18 and it is provided for under ORC Ann. 3109.01, which stated:
“All persons of the age of eighteen years or more, who are under no legal disability, are capable of contracting and are of full age for all purposes.”
 

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.

FAQs

To terminate child support in Ohio, you must file a motion with the court that issued the original support order. This motion should state the reasons for termination, such as the child's emancipation or reaching the age of majority. You may need to provide evidence supporting your request. Once filed, a hearing may be scheduled where you can present your case. It's advisable to consult with a family law attorney to ensure the process is completed correctly and legally. *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.*

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