TERMINATION OF CHILD SUPPORT
Child support is the amount paid monthly by the noncustodial parent (usually the father) to the custodial parent (usually the mother) and is for the sake of child(ren).
A child support order may be terminated for various reasons, including:
- the death of either the child or the person paying child support;
- the child's marriage;
- the child's deportation;
- adoption of the child;
- the child's emancipation (for purposes of child support, a child is “emancipated” when he/she reaches 18 years of age and is not a full-time student, or 19 years of age regardless of school enrollment);
- the child's enlistment in the armed services when no longer a full-time student;
- a change in the legal (court-ordered) custody of the child (for example, if permanent custody is awarded to a public children services agency or a court order terminates the parental rights of the person who has been paying child support).
Besides, a Child Support Enforcement Agency (CSEA) may attempt child support termination if the parties to the child support order, marry or re-marry one another and no other person has legal custody of the child.
The agency may seek termination for the above-listed reasons by means of the administrative process. If a party requests to terminate child support on grounds that are not listed above, that termination would have to be pursued privately through the court.
Child support does not automatically terminate when a minor child turns 18 and may require the noncustodial parent to actually file to have the child support terminated. The language of the original child support order is very important. Additionally, when there is more than one child, if the original child support order is not properly written, the noncustodial parent may need to file with the court to have child support re-calculated to account for the emancipation of one or more of the children.