Does Court Ordered Support continue if child enters Active Duty
Military Service – National Guard?

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Court-ordered child support usually ends when the child:

  • marries,
  • dies,
  • Age 19 or 18 and not a full time high school student, whichever occurs first
  • is emancipated, 
    • See  Fl 342  Child Support Order  screen shot below

court form emancipated

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§7002.   #Emancipated minor; description

A person under the age of 18 years is an emancipated minor if any of the following conditions is satisfied:

(a) The person has entered into a valid marriage, whether or not the marriage has been dissolved.

(b) The person is on active duty with the armed forces of the United States.

(Does not affect Child Support Orders???)

ROTC is not active duty VA.Gov *

(c) The person has received a declaration of emancipation  pursuant to Section 7122.

Explanation of Emancipation on CA Courts Self Help Site

 

Resources & Links

LawHelp.org  just put in your Zip Code and click thru to Family Law – Then Emancipation, Teen Help, etc.

Emancipation Pamphlet   MC-301*   (1995 Rev.  Judicial Council of CA) FAQ 

Can a minor request Emancipation to be treated as an adult?  VIDEO

Emancipation Manual 77 Pages

EMANCIPATION OF MINORS LAW

GENERAL PROVISIONS …………………………… 7000-7002
EFFECT OF EMANCIPATION ……………………….. 7050-7052
COURT DECLARATION OF EMANCIPATION
General Provisions ………………………….. 7110-7111
Procedure for Declaration ……………………. 7120-7123
Voiding or Rescinding Declaration …………….. 7130-7135
Identification Cards and Information ………….. 7140-7143

CA Family Law Code

Support of Minor Child §3900 – 3902

§4007 (a) If a court orders a person to make specified payments for support of a child during the child’s minority, or until the child is married or otherwise emancipated, or until the death of, or the occurrence of a specified event as to, a child for whom support is authorized under Section 3901 or 3910, the obligation of the person ordered to pay support terminates on the happening of the contingency. The court may, in the original order for support, order the custodial parent or other person to whom payments are to be made to notify the person ordered to make the payments, or the person’s attorney of record, of the happening of the contingency.

3901 (a) The duty of support imposed by Section 3900 continues as to an unmarried child who has attained the age of 18 years, is a full-time high school student, and who is not self-supporting,

***Might Active Duty Military Service be considered self supporting?

until the time the child completes the 12th grade or attains the age of 19 years, whichever occurs first.   (Court Self Help Site)

CA Family Law Code §3900.  Subject to this division, the father and mother of a minor child have an equal responsibility to support their child in the manner suitable to the child’s circumstances.

Does child support end when child enters the Military
Is child Emancipated?

No – Con

Induction of minor son into army did not constitute an emancipation which would relieve divorced father of his obligation to comply with court order for support of minor son, and, therefore, son, who was 17 years and four months old at time of father’s fatal injury, was child for whose maintenance father was legally liable at time of injury within Labor Code provision imposing, in such situation, conclusive presumption of dependency. (West’s Ann.Labor Code, § 3501; West’s Ann.Civ.Code, §§ 203, 204, 211).

enlisting in the armed forces does not constitute emancipation as to relieve Lawrence from the court’s previous order requiring him to pay child support(Argonaut Ins. Exchange v. Kates (1955) 137 Cal.App.2d 158, 167 [289 P.2d 801].)

Court-ordered child support survives emancipation of child, unless order so provides. (Marriage of Gregory)

 

Yes – Pro

joining the military or being emancipated does end support!   CA Court Website

Child Support ends when child turns 18 and is not a full-time high school student, or turns 19, whichever occurs first. Farzad Law.com

How to modify a Child Support Order – Change of Circumstances?

Our Webpage on Veteran’s Benefits & Taxation

Cases

Parents may agree to support a child longer. The court may also order that both parents continue to support a disabled adult child that is not self-supporting.

Father had duty of child support during several month-period while son was a minor and attending high school classes as foreign exchange student in Japan, even though son was physically living with Japanese surrogate parents and not with mother during this period, where mother nevertheless remained son’s sole legal and custodial parent and, accordingly, remained responsible for son’s care, welfare and education; mother’s responsibilities as custodial parent were not eliminated simply because she was required to monitor son’s welfare from a distance. Marriage of Hubner

Statute imposing duty on parent to continue supporting unmarried child who has attained age of 18 years, is a full-time high school student, and is not self- supporting, until child completes twelfth grade or attains age of 19 years, whichever comes first, does not require a supported child to demonstrate a good faith effort to graduate from high school as soon as possible, nor does it condition a parent’s duty of support on child’s participation only in those classes that propel her or him toward graduation at earliest possible date. In re Marriage of Hubner (App. 2 Dist. 2001) 114 Cal.Rptr.2d 646, 94 Cal.App.4th 175, Marriage of Utigard

Resources & Links

Armed Forces Tax Guide IRS Publication # 3

Farzad Law.com/california-child-support-laws-guidelines

Kinsey Law.com 

Military Service & Social Security  

Sorry, but we dropped out of law school and do not plan to practise law.  We are concentrating on our Health & Life Insurance Business.   This page is for reference and educational purposes only.  If you have questions or need legal assistance, please follow the links and/or contact an attorney in your State.

14 comments on “Child Support – End – Military Service

  1. This comment is from a “spammer?” I’m leaving it in as the website looks decent and if you’re in Canada could be quite useful.

    This article helps me a lot. Thanks for sharing valuable information. As I was looking for such information, I have found an article useful like this; you can check it out here. Not Paying Child Support I hope you get more information.

  2. 3 comments on “Emancipation of a Minor”

    1. Johnny S says:

      My soon is 18 years of age and a senior in high school. He has just joined the National Guard. He will be 19 in May 2017. He starts boot camp in July.

      I am currently paying child support and my question is will I be continuing the child support. The court order is in the state of Oregon.

      He also only attends 2 classes in school this year. ?

      • This website is just for general and educational purposes. I’m not an attorney and thus cannot answer your specific question as that might be considered the unlawful practice of law. Check out our page on when does child support end.
        .
        Here is the answer on the Oregon Courts website.

        .
        .

        How long does child support have to be paid?

        In Oregon, a child is entitled to be supported by his or her parents until the age of 18. Also, the Courts and the Child Support Program http://www.oregonchildsupport.gov/ have the power to order that support continue when the child is 18, 19, and 20 years old if the child is attending school according to legal standards. But if a child is married, self-supporting, or in the military, the child is usually considered to be emancipated and the parents support obligation ends.

  3. good afternoon.

    My daughter is in the process of joining the Air Force as an active duty airman. Her mother and I divorced in Mississippi and our divorce decree specifies I’m to pay child support until she is age 20 but shouldn’t the fact she is joining the Air Force as an active duty personnel change her responsibility to the government and cause the child support to end?

    Is there an agency I can call in Mississippi to clarify this?

  4. I’m in NY state, my son inlisted in the army national guard when he was 17.He did 9 weeks of boot camp, his dad who has nothing to do with him does pay child support. My son is now 18, still a full time high school student. My son doesn’t plan on going active duty for a few years or if at all, My son still lives with me,I still very much support him as far as clothes,food and roof over his head.His dad found out he joined the reserves and wants to emancipated him. My son is no where near able to support himself nor is he ready to move out on his own ( not for a few years.He Is still very immature . Can my son be emancipated?

  5. I live in San Diego. My daughter who is 17, a Senior in a High School at a Community college where she takes both high school and college courses). She joined the Army reserve over the summer as part of her post-high school plans. She is currently drilling with the local reserve unit. She turns 18 in Feb and grad High School in June. Since she is actively drilling with the reserves, am I obligated to continue paying child support?

    • I’m not an attorney and can’t give you legal advise. See above cases that I found. They say that even active duty doesn’t relieve you of child support right? I suggest you read your court order and ask the attorney that helped you with it, this question.

  6. I live in california. The judge ordered me to pay child support for my 7 year old daughter and my 18 year old son who is not a full time student. He attends school once a week for his GED. The judge said in court we are just going to say he is a full time student. I have always payed child support without a court order. The judge also reduced visitation time because my 18 year old son does not want to visit me. He is an adult and he would rather spend his weekends with his girlfreind so i have to pay more. Can i apeal this? Is there anything i can do to change this order?

  7. I am trying to find a number to where I can call and discuss the ending of child support since my daughter is 18 and going into the armed services

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