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Blog 2016 April Ending Child Support Payments
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Ending Child Support Payments

Posted By Law Office of Kathryn Marteeny || 10-Apr-2016

Child support payments are meant to last until a child turns 18. In Texas, the parent who is paying child support is called the obligor, and the parent who receives payments is the obligee, who is often the custodial parent, is expected to receive child support payments, which is meant to cover the child’s day-to-day and living expenses.

With that said, parents are obligated to continue paying child support until the child turns 18, or is around the age where the child will graduate from high school. These are two cases where child support payments can be stopped. One is when the child emancipates from his or her parents, and the other is he or she becomes physically incapacitated, and will need child support payments past the age of 18.

Emancipation Laws in Texas

Children can be emancipated, or legally separated, from their parents by the age of 16 or 17. Emancipation gives the minor the rights and obligations of adulthood. A minor is automatically emancipated when they become married or join the military. Many minors go through the court petitioning process of emancipation, however.

To be eligible for emancipation, the minor must be at least 16 years old, is living separately from his or her parents, and can support him or herself financially. Once a child’s petition for emancipation is approved and finalized, then the obligor parent is no longer legally responsible for child support.

Child Support & Disability

The other condition where child support payments might end is if the minor becomes disabled. Under this law, if your minor child does become incapacitated, they may be dependent on the income from child support payments past the age of 18. If that is the case, the obligor may be required to continue paying child support payments indefinitely.

The courts, however, will assess the circumstances to determine how much the child may benefit in the future, the amount of care necessary to assist the child, and the earning capacity of each parent.

The Process of Ending Child Support Payments

The first step is to contact the Domestic Relations Office (DRO), a petition at the family court. The courts will then inform your Child Support Enforcement Officer, alerting them to the petition. Upon review of the case, the obligee is given notice of the petition and may object or permit the change, as he or she will have the opportunity to file a response to the request.

If you have any further questions about child support payments and your legal rights, please contact our Houston family law attorney at the Law Office of Kathryn Marteeny. Schedule a initial case review today!

Categories: Family Law, Child Support

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