Minor Emancipation and Child Support

San Jose Child Support Lawyer

Emancipation is the court process by which a minor becomes self-supporting, assumes adult responsibility for his or her welfare, and is no longer under the care of his or her parents. Once they are granted emancipation the minor assumes the rights privileges, and duties of adulthood before actually reaching the adulthood. From herein, the minor’s no longer have legal responsibility for the child, and they also have no claim to their earnings.

Child Support

If you pay child support as part of your divorce settlement, the amount you pay and if you pay at all would be affected by your child being granted emancipation. Should you pay support to more than one child under the same court order and one is emancipated as a minor, your child support order is not automatically lowered by the emancipating child’s share. In order to change the amount, once a child has emancipated you must file a “Request to Modify the Child Support Order.”

In regards to the minor who has been granted emancipation, you are no longer required by law to pay child support for that child. Likewise, you are not required by law to pay child support to that child. This is because emancipated minors are viewed as adults under the law, meaning they are responsible for their own welfare and presumed financially independent.

Speak with a San Jose Child Support Lawyer

If you are paying child support, seek child support in arrears, or would like to seek an adjustment you need the guidance of an attorney who can understand your situation. Contact San Jose child support lawyer Daniel Jensen at 408-296-4100.