Reeves Law Firm, P.C. | Roy L. Reeves
You are under a court order, the order states you pay support until your daughter is 18 (until she graduates if she is attending high school) unless she is emancipated and the decree spells out the items that make her emancipated. Now the trick is this, the listed items terminated child support automatically, any other emancipating event requires court intervention. The short version is that her having a child of her own is an emancipating event, but you have to look at your custody and support papers. The Orders of the Court will tell you what events are automatic. Does it state a blanket "or any other event which declares or causes the child to be emancipated" or some similar language? If so, this may be an automatic triggering event - you really need to spend $50-$100 for a little face time with a lawyer who does this just in case. Now, if there is no blanket provision in your orders (it would actually be rare to have one) you have to get the Court to declare her emancipated, which the law will support your claim so unless the Judge left his law degree at home, you win. Just file a motion to modify and terminate - it is fairly inexpensive. Keep in mind, the emancipating event is the birth of your grandchild and you do not want to alienate her at this point - that is your grandchild and I am certain you want to see him or her so while the law will let you terminate support being paid to your ex you would be well advised to consider the needs of your daughter who will need stuff for your grandchild when you proceed. FYI: for obvious reason, even though giving birth is an emancipating event, it is not an item listed in decrees as automatic termination events so I can tell you it is not listed that way.
Answer Applies to: Texas
Osterman Law LLC | Mark D. Osterman
The quick answer based on these facts is: Yes. The idea of emancipation deals with whether your daughter intends to become an adult before the law requires her to be an adult. The acts of being an adult include getting married, living on her own without support from her mother or others. Acts of emancipation include a permanent job, no longer attending school, and means not only doing "adult" things, but also not doing things one would expect of a child.
Answer Applies to: Indiana
ROWE LAW FIRM | Jeffrey S. Wittenbrink
Unless your daughter has been judicially emancipated you are still liable for her support, as long as she is dependent upon the mother. If she is not living with the mother you should seek modification of the support-you may still owe it to the daughter until she is 18, or 19 if she is in High School and not graduated.
Answer Applies to: Louisiana
Law Office of Michael W. Bugni | Jay W. Neff
I assume that there is a child support order in place. Typically, child support continues until either child support terminates pursuant to the terms of the child support order or until the court changes the order. Most child support orders say that child support continues until the child is either 18 years old or graduates from high school, whichever happens last, unless the court orders post-secondary support. Therefore, as a starting point, my reaction is that the mere fact that your 17 year old is pregnant probably won't affect child support, and, therefore, it must be paid. However, I can also imagine situations in which it might. For example, it is conceivable that the pregnancy could create uninsured medical bills that you might end up having to pay a portion of. Another example: I suppose that if the child is living with her boyfriend, outside of the family home, and if the boyfriend is supporting her, it might be possible to convince a court to terminate child support immediately. There is also the issue of whether it makes economic sense to do anything about the child support. You did not say how close to the age 18 the child is, nor how close she is to being out of high school. You also didn't say how much child support is a month. If there is only a few months of child support left, you might end up saving money by just going ahead and paying support rather than fighting the issue through the court system.
Answer Applies to: Washington
John E. Kirchner, Attorney at Law | John Kirchner
The fact that she is having a child does not, by itself, indicate that your daughter is emancipated and until she is emancipated you are liable for child support. Unless she gets married, joins the armed forces, or becomes financially self-sufficient, she will not be emancipated until she is 19.
Answer Applies to: Colorado
The Law Office of David J. Brown | David Brown
The answer to your question really will depend on your particular circumstances. The best advice I can give is that you talk to an attorney and discuss all the relevant details with that attorney. Generally speaking, your child support obligation would not change simply because your child became a parent. Again, generally, your obligation to pay support would continue until the child turns 18 or graduates from high school, whichever event occurs last. There are some factors that come in to play for determining support for an 18-year-old child still in high school, but none are relevant to this discussion. If your child becomes emancipated, an act that generally requires a court order, then your obligation to pay support could end. Also, if your child married, then she could also be considered emancipated and your support obligation could end. But, simply having a child of her own will not result in emancipation; thus, your obligation to pay support would continue.
Answer Applies to: Kansas
Cody and Gonillo, LLP | Christine Gonilla
Support is payable for a child until that child is 18 unless the child is living with a parent and is a full time high school student then it is until graduation from high school or age 19 whichever first occurs. The information contained in this email may be confidential and/or legally privileged. It has been sent for the sole use of the intended recipient(s). If the reader of this message is not an intended recipient, you are hereby notified that any unauthorized review, use, disclosure, dissemination, distribution, or copying of this communication, or any of its contents, is strictly prohibited.
Answer Applies to: Connecticut
William C. Gosnell, Attorney at Law | William C. Gosnell
You must pay child support until she is 18 or her high school class graduates, whichever occurs last, except if she is emancipated. Does she live with your ex or on her own or with a boyfriend or husband? Does she work and support herself?
Answer Applies to: Tennessee