Parents in the United States are legally obligated to provide financial support for their minor children. When children become of legal age, parents are generally no longer required to support them financially. Minor children can become emancipated before they are adults if they go through the proper legal channels. Children who wish to be emancipated need professional legal assistance if they want to secure the outcome they desire.
A child can seek emancipation for the following reasons:
- Marriage: Minors can file for emancipation if they get married before they turn 18. Courts will consider the age of the older spouse, the legal age for marriage in the state, and minor statutory rape laws.
- Military Service: If the minor is an active military service member, they can request emancipation to fulfill the obligations of their military service.
- Complete Abandonment of the Parental Home: If a minor’s parents leave the home or do not provide financial support or physical care, then the minor can seek emancipation. The same applies in situations involving domestic violence or sexual abuse.
- Economic Independence: If a minor has a sufficient source of income they can petition to be emancipated from their parents. This generally occurs when the minor earns substantially more than their parents, or they are worried their parents will mismanage their wealth.
Courts can order parents to pay child support for an emancipated minor if:
- The minor married but gets divorced and needs financial support.
- The minor has special needs that require others to care for them.
- The parents have a divorce agreement that requires parents to pay child support into adulthood.
Speak to an Emancipation Lawyer in La Mesa
Are you a minor who wants to be emancipated from your parents? Are you a parent who wants to terminate child support now that your child is emancipated? At Family Law San Diego, we are committed to helping clients resolve all of their family law matters. We have the skills and resources you need to secure a fair case result.
Call (619) 577-4900 to discuss your case with a La Mesa family law attorney. Get in touch with us today.