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When does child support terminate?

6/10/2015

 
19.  Welcome back! When does child support terminate?

            KRS 403.213(3) tells us “unless otherwise agreed in writing”, the provisions for the support of a child shall be terminated by emancipation of the child unless the child is a high school student when he reaches the age of 18.  Parents can’t agree for child support to stop before the child turns 18, as the support accrues for the benefit of the child, not the custodial parent.

            Can you agree to pay child support through college?  Yes, but hindsight is 20/20.  Do you want to be 60 years old and under court orders to support that last child who is out there burning couches on campus?

            In cases where the child becomes emancipated because of age, but not due to marriage, while he or she is still a high school student, child support shall continue while the child is a high school student, but not beyond completion of the school year during which the child turns 19.

            Termination of child support due to emancipation of the child, for example when the child moves out of the home and is self-sufficient, should require a court finding to avoid any question about the support, and the child may be un-emancipated if he or she loses that job or apartment and again needs parental support.

            There may be issues about the obligation to pay child support for a home-schooled student, but my interpretation of the caselaw suggests that a home-schooled child can qualify as a “high school student” so long as it is not a sham operation and provides an education substantially equivalent to public high school.

            Bankruptcy does not cause a termination of child support or discharge an arrearage owed for child support.

            Child support continues even if the child is removed from the parents by reason of neglect or abuse, but then it is to be paid to the state instead of the other parent.  

            Termination of parental rights means termination of future child support, but any arrearages will still be owing.

            What if a parent dies?  The child support obligation can continue on, and the judge decides whether to modify it, revoke it, or set a lump-sum payment to be paid to the other parent – whatever is “just and appropriate”. 

            The obligation to pay child support does at least terminate upon the death of the child.  However, the death would not eliminate any arrearage in child support that had accrued.

            Lastly, regardless of the reason child support is terminating, the wage withholdings do not stop automatically.  A court order is required to set aside the Wage Assignment Order.  We will talk further about that in the next Lesson.


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    Judge John Schrader is a Husband, a Father, and a Lexington Attorney providing legal and mediation services in the office of Sherrow, Sutherland & Associates, P.S.C.

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    CHILD SUPPORT TABLE OF CONTENTS
    1. Who is required to pay child support in Kentucky?
    Publish Date: April 29, 2015
    2. What do I do to obtain a Kentucky Child Support Order?

    Publish Date: April 29, 2015
    3. How is child support calculated under the guidelines?
    Publish Date: April 30, 2015
    4. What is considered “gross income” for child support calculations?
    Publish Date: May 5, 2015
    5. How do I find out what the other parent's income is?
    Publish Date: May 6, 2015
    6. What about income from self-employment or business income?
    Publish Date: May 7, 2015
    7. What if a parent is voluntarily unemployed or underemployed?
    Publish Date: May 13, 2015
    8. What if one parent is paying maintenance?
    Publish Date: May 13, 2015
    9. Is there an adjustment to a parent's "gross income" if he or she is supporting a prior-born
    child?

    Publish Date: May 13, 2015
    10. What happens in a split custody arrangement where Sissy lives with Mother and Jr. lives with Father?
    Publish Date: May 20, 2015
    11. When can a judge deviate from the child support “guidelines”?
    Publish Date: May 20, 2015
    12. When the parents' combined monthly adjusted gross income exceeds $15,000 per month, how is child support calculated?
    Publish Date: May 20, 2015
    13. How does Kentucky law deal with the big-ticket item of childcare expense?
    Publish Date: May 27, 2015
    14. Do parents have to maintain private health insurance for their child, and if so, who pays
    for it?

    Publish Date: May 27, 2015
    15. Who pays for deductibles and co-pays and how do we deal with extraordinary medical expenses not covered by the insurance?
    Publish Date: May 27, 2015
    16. How does a parent actually recover the proportionate share of extraordinary medical expenses from the other parent?
    Publish Date: June 3, 2015
    17. What if I find out the other parent has not been paying for childcare even though I have been paying for my share?
    Publish Date: June 3, 2015
    18. How do I get a modification of child support in Kentucky?
    Publish Date: June 3, 2015
    19. When does child support terminate?
    Publish Date: June 10, 2015
    20. Is a Wage Assignment Order required for child support in Kentucky?

    Publish Date: June 10, 2015
    21. What does the court do about child support when the child spends a considerable amount of time with both parents?
    Publish Date: June 10, 2015
    22. What is involved in collection of child support?
    Publish Date: June 17, 2015
    23. How does the law deal with enforcement of the child support order when my ex and I
    live in two different states?

    Publish Date: June 17, 2015
    24. If Kentucky does not have jurisdiction over the other parent of my child, what is the UIFSA process to deal with establishment, enforcement and modification of child support
    orders?

    Publish Date: June 17, 2015
    25. What about parents who were not husband and wife to each other when their child was
    born?

    Publish Date: June 24, 2015
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