How Does Minor Emancipation Affect Child Support?

 Posted on August 23, 2024 in Child Support

Divorce and life after divorce can be difficult for all those involved. Children of divorce may react in many different ways. A child may be so distressed by the divorce that he or she files for emancipation prior to the age of 18. There may be other reasons for emancipation, but in any case, both the parent paying child support and the parent receiving child support may wonder whether the payments continue following emancipation.

The answer to this child support question is highly case-specific.  Should you find yourself in a similar situation, you could benefit from speaking to a skilled Rolling Meadows, IL child support attorney from Law Offices of Donald J. Cosley who has experience with minor emancipation. Attorney Don Cosley personally handles all aspects of his cases; when you call his office, you will speak to him directly.

What Is Minor Emancipation?

In the state of Illinois, emancipation is governed by the Emancipation of Minors Act of 1980. Minor emancipation changes the relationship between a parent and child in the same way as the child reaching the age of 18, but emancipation is more complex. Minor emancipation removes the parent's control over the child rather than actually severing the parent/child relationship. An emancipated minor can legally enter into contracts, have financial and physical separation from his or her parents, and make his or her own medical decisions.

In Illinois, the emancipation of a minor requires the consent of the minor and the parents unless parental rights have already been terminated. The minor must be at least 16 and must show the court he or she can be self-supporting. The court must determine that emancipation is in the best interests of the child, or the petition could be denied.  

Can Minor Emancipation Be Revoked?

While rare, a minor could lose his or her emancipation status if their maturity comes into question. For example, if the minor is unable to meet his or her basic needs financially or if the minor is convicted of a criminal offense, a judge could revoke the emancipation. If either of these situations occurred, the judge might return custody to the parents, resulting in child support obligations being reinstated.

A minor could potentially qualify for partial rather than total emancipation. This could be true if a teen’s family is homeless, and he or she is living independently or with friends. Granting partial emancipation to a minor can allow him or her to enter transitional housing without obtaining the consent of his or her parents. Partial emancipation does not allow a minor to enter into a legally binding contract.

How Can Minor Emancipation Affect Child Support?

Although minor emancipation will usually end child support obligations for that child, this is not always the case. When parents have several children, a single court order may apply to the support of all the children. This could be true in a case where neither parent is particularly well off, and the paying parent would not be able to pay the amount from the child support calculations.

The judge might order that the paying parent pay $750 for the support of five children. In this situation, if one of those children became an emancipated minor, the amount of child support would not automatically be lowered. The paying parent would be required to file for a modification of child support based on the minor’s emancipation.

Contact an Arlington Heights, IL Child Support Lawyer

If you have questions regarding minor emancipation and child support, speak to a knowledgeable Rolling Meadows, IL child support lawyer from Law Offices of Donald J. Cosley. Your situation will be comprehensively assessed, and then your best option will be presented. Family law situations are often emotional, so having an attorney with a clear head and extensive legal experience can ensure you make the best decisions for your family. Contact Law Offices of Donald J. Cosley at 847-253-3100 to schedule your free consultation.