When child support is ordered until the child is 21 or until they are emancipated would the child's enlistment in the military be considered emancipation?

Answer 1

When she was sworn into the military she became emancipated, as she is now "earning her own living." It is necessary for the court to be informed of the circumstances however, so there is no confusion as to when the child support should be ended. Not knowing the terms of the support order it is not possible to estimate when it can legally be stopped. For example if support was ordered to be paid on the first of the month and she was not officially inducted until the 20th of the month the support order would be in effect until that time. That is why you must inform the court and set aside the support amount until officially notification from the court as to the suspension of the support to assure that if there is an arrears the funds will be available. The parent receiving the child support might very well argue that the language in the decree is clear and unambiguous, i.e., either 21 "or" emancipated, and I'm not sure that joining the military is considered a legal emancipation, per se. However, the intent of the decree seems abundantly clear, that child support should continue until either the child turns 21 or until the child is no longer a burden (financial responsibility) to the parent and in this sense, joining the military precisely meets that criterion as the military provides food, clothing, shelter, and medical care, in addition to paying its service members. Macky's advice is right-on...get down to the court ASAP, but be prepared to argue that the intent of the decree is being satisfied.