When Can You Stop Making Child Support Payments in Tennessee?
If you are paying child support, it’s vital to understand Tennessee’s laws surrounding child support, including your rights as the legally responsible adult. Below, we cover the age of majority, emancipation, cancellation of child support, and factors that can change how long support lasts.
What is the age of majority?
The age of majority in Tennessee, which is when a person is considered a legal adult, is 18 years old. At this point, the child has all the legal rights and responsibilities of an adult. They’re able to vote, enter into contracts, and make medical decisions, all without parental consent.
When does child support end in Tennessee?
Child support doesn’t automatically end the moment your child turns 18. Certain laws and circumstances may lengthen the amount of time a child receives support.
Basic rule based on the age of majority
After the child reaches 18, they’re typically no longer eligible to receive child support. But there are some exceptions to this rule. If the child is in high school when they turn 18, support normally lasts until the child graduates or until the child turns 19, whichever comes first. This extension provides uninterrupted financial support so that the child’s basic needs are met through graduation.
Child support beyond high school
In Tennessee, courts generally cannot require parents to pay child support for post-secondary education unless the parents previously agreed to do so in a valid agreement. If the parents have agreed to provide post-secondary support, the court may evaluate factors such as:
- The parents’ ability to pay
- The child’s educational goals and progress toward those goals
- Special circumstances that require additional support
Can the mother cancel child support in Tennessee?
Some parents wonder whether the receiving parent can decline support. Neither parent, the one paying nor the one receiving, can unilaterally modify or cancel support without the court’s approval. If circumstances change, such as the child becoming an adult or becoming emancipated, either parent may file a motion to modify or end child support.
Tennessee courts take enforcement actions seriously. Not following the child support order as stated can lead to consequences like being held in contempt of court, having your paychecks garnished, or hefty fines.
How do emancipation laws affect child support in Tennessee?
Emancipation can greatly impact child support. Learning how and when emancipation occurs can help you understand your obligations as a parent.
What does it mean for a child to be emancipated?
Emancipation generally occurs when a minor becomes legally independent before age 18. As a result, the child is independent from parental control and free to live their life as they please.
In Tennessee, emancipation is not governed by a single statute but may be recognized in certain situations, such as:
- Marriage
- Military service
- When a court determines that a minor is legally independent
Do parents have to pay child support after emancipation?
Emancipation may justify ending child support, but a court order is still required to formally terminate the obligation. Once a child is deemed an adult in the eyes of the law, a parent usually doesn’t have to pay child support anymore, but only after court approval. If a court determines the child is emancipated, it may terminate the child support obligation.
Similar to parents’ ability to petition the court to modify or end child support, parents can also ask the court to terminate support based on emancipation.
What if the child is disabled?
Under Tenn. Code Ann. § 36-5-101(k), courts can order continued support beyond age 18 if a child has a qualifying physical or mental disability that prevents self-support. If this is the case, the court will review medical evidence and the child’s ongoing needs. If granted, the extended support is intended to help cover medical bills, therapies, or other necessary special care.
What if parents can’t agree about when to end support?
Disagreements between parents about the termination of child support are common. If one parent believes the support should end and the other parent doesn’t, the dispute must be handled through the family court system.
Once the court receives your petition, a judge will take a look at the child’s age, school status, and any pertinent information on special needs or factors that might extend support. The judge may take into account whether the parent who’s paying child support’s situation has had a substantial change in the circumstances since the original order was issued.
How to petition to modify or end child support in Tennessee
You must go through the court to modify or end your child support order. In order to petition the court, you usually have to follow these steps:
- File a petition or motion with the appropriate Tennessee court requesting modification or termination
- Provide documentation that the child graduated, turned 18 years old, or became emancipated
- Attend court hearing(s) where a judge will evaluate evidence
- Negotiate the terms of the existing arrangement with the other parent or their legal counsel
Family law can be complicated and hard to understand, so it’s wise to consult an experienced attorney to help you navigate the modification or termination process.
Know how child support laws impact you and your family
Staying up to date on Tennessee child support helps you stay compliant with the law and helps you avoid overpayment. Misunderstanding the law can result in costly legal consequences or financial strain.
Get clarity today on your child support obligations
If you have questions about when you’re able to stop making child support payments, or need help modifying or canceling your payments, please contact Law Offices of Adrian H. Altshuler & Associates. Our experienced legal team is here to help.