Laws for Child Support After 18

Turning 18 in some states doesn't terminate child support.

Child support laws are designed to help parents cover the expenses of raising a child after a divorce or have a child out of wedlock. While some states only mandate child support for those under the age of 18, other states require child support until the child is as old as 23. Some states require child support in order to cover college expenses, while others do not. Those who fail to pay court-ordered child support may be imprisoned or sued.

Age

Child support in Nebraska must be paid until the child turns 19.

Different states have different age requirements as to how long child support must be paid, although all states require it until the child turns 18. In Alabama and Nebraska, for example, child support must be paid until the child turns 19. In Mississippi, Indiana, and New York, child support must be paid until the child turns 21. Other states, such as Montana and Washington D.C., allow child support to be terminated as soon as the child is emancipated. In California, child support may be terminated before age 19 if the child gets married or registers into a domestic partnership.

College

Some states require child support to cover college expenses.

Depending on the state in which you reside, you may have to pay child support to allow the child to go to college even if the child is over the age of 18. In Connecticut, for example, a child over the age of 18 may receive court-ordered child support to go to college until she turns 23. If she turns 23 during the middle of an academic year, she may receive child support until the end of that academic year. Other states, such as California, may only force a parent to pay college-related child support if an agreement has already been written between the parents to do so. Otherwise, a parent is under no obligation to pay college-related child support.

Penalties

Wages may be garnished to cover child support debt.

Anyone who owes child support for a person over the age of 18 must make his court-ordered payments. In Texas, for example, the Child Support Division may suspend your driver's license, hunting license, and professional license for not making proper child support payments. The Child Support Division may also withhold and garnish wages from the noncustodial parent. Lottery winnings, paychecks, and federal tax refunds may all be garnished to cover the cost of court-ordered child support. Anyone who is entitled to, but not receiving child support for someone over 18, may file a lawsuit to recoup the money owed. Courts may also imprison those who fail to make payments.

References

• NCSL: Termination of Child Support And Support Beyond Majority
• OC Courts: Child Support
• OAG: Frequently Asked Questions
• Court Info: Child, Spousal, & Partner Support Questions & Answers

Resources

• Child Support Laws By State: Child Support