A child’s 18th birthday is generally a significant milestone in their life. A lot of things can change for them and their parents, too. When a child turns 18, a noncustodial parent’s legal obligation to pay child support will typically end. However, there are exceptions to every rule, including this one. For more information and representation during child support negotiations, work with an experienced Memphis, Tennessee child support lawyer.
Under Tennessee law, child support generally ends when a child reaches the age of majority, which is 18. Though straightforward, there are a number of exceptions that apply, ultimately still requiring court intervention.
It’s important to understand that this rule will apply regardless of whether or not one parent has primary custody or the paying parent remains actively involved in the child’s life. The purpose of termination is to help the child transition from legal dependency to adulthood
In Tennessee, minor children can be considered emancipated earlier than 18 under a few circumstances. Emancipation legally removes the child from parental dependency.
Parents should note that emancipation is not a matter taken lightly by the courts. In order to be legally emancipated, the child must exemplify their maturity, consistent income, and the ability to support themselves and their basic needs without parental assistance.
Under limited circumstances, a child’s legal obligation to financially support their child may continue past the child’s 18th birthday. It’s important to understand that, unlike other states that may extend support until the child turns 21, an extension in Tennessee is rare.
While many states require both parents to contribute to their child’s tertiary education, Tennessee courts cannot require parents to continue paying child support solely on the grounds that the child is attending college or trade school. As such, any contribution to a child’s education must stem from a voluntary agreement between the parents.
When a child turns 18 or is legally emancipated, parents may assume they can simply stop making payments to their ex-partner. However, it’s important to understand that these matters are enforced through court orders, meaning careful consideration is required before you can cease making payments.
When the court issues a child support order, it will do so based on the financial circumstances and unique needs of the child at the time of the legal proceeding. However, as your child grows, their needs may also change, requiring a modification to the current order. As such, modification ensures that payments align with the child’s needs.
Whether you pay or receive child support, it is important that you understand your parental rights and obligations. At Rice Law, our firm is proud to represent those in and around the Memphis area and across the state. As such, if you need assistance navigating the child support process or you would like additional information, reach out to our team today to learn how we can represent you.
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