When is your child deemed emancipated?

Emancipation is the legal concept to determine when your child or children are “beyond the sphere” of your influence.  Emancipation of a child will coincide with the termination of child support payments from one parent to the other parent.  In an agreement, between divorcing parents or of unmarried parents, parents can contract and agree to the triggering events for emancipating a child. 

For example, those termination events could be:

  1. Graduation from a 4 year college;
  2. Completion of a high school education without enrolling in a college or trade school thereafter;
  3. Entry into the armed services; or
  4. Obtaining full time employment.

A carefully crafted agreement will make note of the number of credits per semester a child should be taking to complete their college degree within a certain period of time.  That agreement might also make note that summer vacations and/or a semester off does or does not qualify as a termination event for child support payments.

An application for the termination of child support will likely be made around that child’s 18th birthday.  It is at that time a “prima facie” case for emancipation can be made by the supporting parent. 

To evaluate whether or not your child(ren) is emancipated, contact the attorneys at Shane and White, LLC to discuss your options for terminating your support obligations or extending your receipt of child support for your unemancipated child(ren).

Subscribe To Our Newsletter

Get updates and learn from the best

Contact Us For Help

Contact Us For Help

Your Family,
Your Future


The information you obtain at this site is not, nor is it intended to be, legal advice. This website is designed to provide general information only, and does not represent the opinions of Shane and White, LLC attorneys. The information is not guaranteed to be correct, complete or up to date with recent legal developments, verdicts or settlements. You should consult an attorney for advice regarding your specific facts/circumstances/case. We invite you to contact us and welcome your calls, letters and emails, but note that contacting us alone does not create an attorney-client relationship. If you would like advice regarding your individual situation, you should contact Shane and White, LLC. to schedule a consultation to obtain legal advice. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.

No aspect of this advertisement has been approved by the Supreme Court of New Jersey.