At What Age Does Child Support Stop in Tennessee?
- At February 19, 2014
- By Miles Mason
- In Child Support
- 0
Every party in a divorce, legal separation, or family law case involving minor children should prepare for Tennessee child support orders. All children have the right to be supported by both parents. The question, though, is at what age those payments will stop.
Check out Tennessee family law attorney Miles Mason, Sr., discussing this very topic in a short video about the end of child support for a parent of one child.
A child support order covering two or more children ordinarily continues in effect until the youngest child matures into adulthood, although the support amount may be modified because of the following basic rule.
Basic Rule When TN Child Support Ends
Child support ends when a son or daughter turns 18 (the age of majority) or graduates from high school as a member of his or her graduating class, whichever event is last to occur. Knowing that graduation is a benchmark – in your child’s life and with child support obligations –keep a copy of the child’s high school graduation brochure. If the child was 17 or younger and graduated from high school, then support will continue until age 18 or emancipation. T.C.A. § 36-5-101.
What If a Minor Emancipates?
In general, parents have no legal duty to support an emancipated child who, for example, marries while still a minor. By the way, a parent can always gift money to a young adult son or daughter, but that’s a voluntary act, not a legal obligation.
What If Child Support Was Ordered for a Disabled Adult Child?
In Tennessee, support for a “handicapped or disabled” child who remains in a parent’s care may be ordered to continue until that child turns age 21. And, a severely disabled child may be supported by both parents indefinitely.
Why Seek an Order Terminating Child Support?
Even though the child is an 18-year-old and free of high school (or age 21 with a disabled adult child, or if circumstances no longer require support for a severely disabled child), and even though the parents’ no longer have a legal duty to provide support, unilaterally stopping payments sometimes causes problems. So long as a support order remains in effect, the other parent could pursue enforcement for nonpayment of support or to seek arrearages.
Therefore, when the obligor-parent has done everything required under the support order regarding a particular child, it’s still recommended that he obtain an order terminating child support. Plan ahead by having a Tennessee licensed family lawyer prepare the legal papers about a month in advance of your child’s graduation or 18th birthday (or 21st birthday, as mentioned previously), whichever is later.
The judge’s order terminating child support states, in black and white, precisely when the obligor-parent’s duty of support ended. There’s no debating whether that party did or did not comply with the original support order. Of equal importance, the order terminating child support can include a statement that no arrearages are owed. Or if back support is owed, the order can document the amount outstanding and how those arrears will be paid going forward. A copy of the termination order may be shared with any employer withholding support under an Income Withholding Order as well.
Child Support Attorney in Memphis TN
For more information, see Tennessee Child Support Answers to FAQ’s, and for legal updates, news, analysis, and commentary, visit our Tennessee Family Law Blog and its Child Support category. A Memphis child support attorney from the Miles Mason Family Law Group can help you with Tennessee child support issues including setting or modifying child support. To schedule your confidential consultation, call us today at (901) 683-1850.