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Child Support Modification when Child Reaches Age of Majority

 

Child Support Modification when Child Reaches Age of Majority

 

In most situations, a parent is no longer obligated to pay child support for a child after the child reaches the age of majority. However, the parent is not automatically permitted to stop making payments. If the parent wants to stop or modify the child support obligation, the parent may be required to file a motion with the court.

 

Age of Majority

 

State law determines when a child has reached the age of majority and when a parent is no longer responsible to continue supporting the child. In many states, the age of majority for child support purposes is age 18 or, if the child is still in high school, the date the child graduates from high school, but no later than age 19.

 

Termination of Support

 

Where there is more than one child covered by a child support order, a responsible parent may not divide the amount of support by the number of children and stop paying a pro-rated amount. Child support calculations take into account the fact that certain expenses do not increase as the result of the presence of an additional child. In most states, when a child reaches the age of majority, the parent is required to file a motion with the court to modify the amount of support. When there is only one child covered by a child support order, a responsible parent should request that any order of support contain language that will permit the parent to stop paying support when the child reaches the age of majority. A few states require such language in child support orders. The fact that a child or all of the children have reached the age of majority does not excuse a parent from still being responsible for paying any accumulated arrearage.

 

Continuation of Support

 

Where there is an agreement that child support shall continue while a child remains in school or in post-high school education, the parent must continue paying for child support. In addition to agreements to continue paying child support while a child is in school, a state may impose such a requirement where the child is disabled and unable to maintain herself.

 

Copyright 2011 LexisNexis, a division of Reed Elsevier Inc.

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Randy S. Margulis
Member

As a Buffalo divorce lawyer for 28 years, I have devoted myself to solving the problems that affect families throughout the Buffalo metropolitan area and Western New York. As a family law attorney, I make it my goal to create a partnership of trust with my clients. People put their trust in me to handle cases that can potentially have a long-lasting impact on not only their lives, but the lives of their family as well.

Alexandra M. Rockwood Attorney Photo
Alexandra M. Rockwood
Senior Associate

Alexandra M. Rockwood is a Senior Associate Attorney with the Law Offices of Randy S. Margulis & Associates and has been with the firm since early 2020. She primarily practices in the areas of matrimonial and family law, including divorce, child custody, and child support. Alexandra is a practicing matrimonial and family law attorney as…

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