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The fate of child support payments after an emancipation

When an individual reaches the age of majority in Minnesota, which is 18, he or she is considered to be emancipated. Once children are emancipated, they are no longer under the care of their parents, who are not obligated to support them anymore. However, there are some cases where a child may be emancipated before reaching the age of majority.

Some of the most common reasons for a child's emancipation include military participation, getting married and abandoning the parental home. Children may also be considered emancipated if they become economically independent. It's important to note that a child still in the care and custody of his or her parent(s) usually cannot become emancipated.

Parents that are responsible for child support will not automatically be able to stop having to make payments when their children become emancipated. In order to put an end to their financial obligations to pay child support, they must make formal requests to the court. In some circumstances, parents may be required to continue paying child support after their offspring are emancipated, such as cases where the children have special needs. Alternatively, if a child divorces, he or she may still need financial support until reaching the age of majority.

It may be possible for a parent to get his or her child support obligations altered even if his or her child has not yet reached the age of majority or been emancipated. Parents that have experienced significant changes in their circumstances may be able to request that the court change their financial obligations. A child support modification is usually possible if a person's income decreases dramatically, and a lawyer could assist someone with seeking a modification to temporarily or permanently change the amount of child support that he or she must pay.

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Juvenile Criminal
Defense Strategies

Christa Jacqueline Groshek
© 2012 Aspatore Books from
Thomson Reuters Westlaw.
Reproduced by permission