Will it be mandate that I continue paying child support if my son is granted emancipation?
Full Question:
My ex-wife had approached the Alabama family court for an order of child support. Our son is 18 years old and has already filed to get an order of emancipation. In this situation, if he is granted emancipation, will it be mandate that I continue paying child support?
12/11/2016 |
Category: Divorce ยป Child Support |
State: Alabama |
#27936
Answer:
“(a) Any person in this state, at the arrival at the age of 19 years, shall be relieved of his or her disabilities of minority and thereafter shall have the same legal rights and abilities as persons over 21 years of age. No law of this state shall discriminate for or against any person between and including the ages of 19 and 21 years solely on the basis of age.
(b) This section shall also apply to any person who arrived at the age of 19 and 20 years before July 22, 1975, but shall not abrogate any defense or abridge any remedy available to him or her prior to such date.
(c) All laws or parts of laws which read "under the age of 21 years" hereafter shall read "under the age of 19 years." Wherever the words "under the age of 21 years" appear in any law limiting the legal rights and abilities of persons under such age, such words shall be construed to mean under the age of 19 years.
(d) Notwithstanding subsection (c), nothing in this section shall be deemed to repeal any provision of Chapter 19 of Title 15.
(e) Notwithstanding subsection (a), an honorably discharged veteran who is under the age of 19 shall be permitted to enter into a contract for the purchase of a motor vehicle.
(f) Notwithstanding subsection (a), or any other provision of law to the contrary, a person who is 18 years of age or older may consent to participate in research conducted by a college or university that is accredited by a federally recognized accrediting agency if the research has been approved by the Institutional Review Board of the institution.”
(b) This section shall also apply to any person who arrived at the age of 19 and 20 years before July 22, 1975, but shall not abrogate any defense or abridge any remedy available to him or her prior to such date.
(c) All laws or parts of laws which read "under the age of 21 years" hereafter shall read "under the age of 19 years." Wherever the words "under the age of 21 years" appear in any law limiting the legal rights and abilities of persons under such age, such words shall be construed to mean under the age of 19 years.
(d) Notwithstanding subsection (c), nothing in this section shall be deemed to repeal any provision of Chapter 19 of Title 15.
(e) Notwithstanding subsection (a), an honorably discharged veteran who is under the age of 19 shall be permitted to enter into a contract for the purchase of a motor vehicle.
(f) Notwithstanding subsection (a), or any other provision of law to the contrary, a person who is 18 years of age or older may consent to participate in research conducted by a college or university that is accredited by a federally recognized accrediting agency if the research has been approved by the Institutional Review Board of the institution.”
Although the law provides for parents to support their children until the age of 19, there are certain exceptions to it. Emancipation is one such instance. Emancipation is the process of law that removes the disabilities associated with the ‘age of majority’ for a minor. It helps them overcome the disabilities and be treated at par with adults in the society. The court may, in the best interest of the child and also looking at the minor’s maturity, grant them a decree of emancipation. Once the court grants emancipation, they are treated as adults in the eyes of law and are responsible for their actions in the society. However, with respect to child support, on emancipation, the parents are redeemed from the duty of providing child support until the age of 19.
In the case at hand, if the court grants the minor a decree of emancipation, the parent may stop paying child support as they shall be no longer obligated to do so. Once emancipated, the minor shall be treated as an adult in law.
