Full question:
My 16-year-old daughter married her boyfriend with the consent from her mother who has her custody. I was paying a monthly child support of $130 per week which was ordered by the court at the time of my divorce. I was to continue such payment till my daughter reached the age of 18. Am I supposed to continue to pay child support in Wyoming in the given situation?
- Category: Minors
- Subcategory: Child Support
- Date:
- State: Wyoming
Answer:
In Wyoming, per Wyo. Stat. § 20-1-102 the minimum marriageable age is set to be at 16 which can only be done with the prior consent of a parent. The law in Wyoming treats any person below the age of 18 as a minor. Now, because § 20-1-102 provides for a minor to marry with the consent of a parent, the law provides that upon the solemnizing of the marriage the minor is deemed to be emancipated. This will mean that the minor seizes to be a minor in the eyes of the court and enjoys the benefits of an adult who has attained the age of 18. However, it also takes away the privileges that they enjoyed as a minor. Child support is one such privilege that is terminated on emancipation. Wyo.Stat. § 14-1-202 enumerates the effect of emancipation in Wyoming. It reads:
“(a) Upon written application of a minor under jurisdiction of the court and notwithstanding any other provision of law, a district court may enter a decree of emancipation in accordance with this act. In addition to W.S. 14-1-101(b), the decree shall only:
(i) Recognize the minor as an adult for purposes of:
(A) Entering into a binding contract;
(B) Suing and being sued;
(C) Buying or selling real property;
(D) Establishing a residence;
(E) The criminal laws of this state.
(ii) Terminate parental support and control of the child and their rights to his income;
(iii) Terminate parental tort liability for the minor.”
In the given instance, the father of the minor, who got married, may approach the court for the modifying the child support decree and may stop paying the support on receiving the confirm from the court to that effect per the above-quoted statute.
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.
