Emancipation Issues If You are a Parent
When
Maryland changed the age of majority from 21 to age 18 the change had an impact on a parent who:
- wishes to be released from the duty to
support a minor or,
- does not want to be held liable for the actions of a minor.
Younger children need more parental support and protection.
The younger the child is, the more likely the courts are to look for solutions that involve the child living with an adult.
The older the child is the more likely it is that the court will find it
appropriate for the child to set up his/her own household.
Partial emancipation for a particular purpose is
much more likely to be considered than total emancipation.
In addition, the state has an interest in
"children in need of assistance". A "child in need of assistance" is
someone under the age of 18 who has been abused or neglected. The courts may
intervene and can remove the child from the home. If that happens and more than
a year passes, the court may decide the child is emancipated.
Read more about "children in need of assistance".
Problems
and Possible Solutions
I
am a parent who wants to end my support obligation.
-
Can
emancipation before age 18, end my duty to support my child? There is no
single answer. It will depend on your situation. However, there is a general
rule to guide you. You can claim emancipation as a defense to a child
support claim only if you can show that the child can care for and support
him/herself. Read the other sections that describe the factors in your
situation, such as marriage
or working
for wages.
-
In
general, your duty to support your child will not end until the child turns
age 18.
-
Required
Support after age 18 - There are situations where you may be required to
pay support after age 18.
See three common situations
described below.
Issue
– My child has a disability but is over the age of 18.
Possible
Solution:
There may be no direct solution if your child is unable to support
him/herself. Under common
law, a parent of a disabled child over the age of 18 may still have a duty
to support the child. "Common law" refers to general rules
that are commonly accepted but have not been passed by a legislative body like
the Maryland General Assembly or Congress. Consider
contacting your child's caretaker and discussing alternative ways in which the
child can be supported if you reduced your payments. Perhaps you will be able
to work out an agreement to provide some direct help in place of money. If
there is a court order, you will need the court's permission to change the
order.
Disabled
Adult Child - One
court looked at the question of whether a parent still had an obligation to
support a disabled child over the age of 18 and who was unable to support
him/herself. The two sides in this case were arguing over one parent should pay
support for a child who became disabled after she reached age 18. The
court decided "a parent who has the means to do so has a duty to
support an incapacitated adult child whose disability commenced after the age of
majority." (Sininger v. Sininger, 300 Md. 604 (1984))
Issue
- My child is in college.
Possible
Solution - First look at whether or not there is a support agreement that has been entered into the court records. For example, in one
case, a father had agreed to pay for college for his adult daughter. The father
said that he was not responsible because the daughter had
"self-emancipated" by claiming "independent" status when she
applied for financial aid. The court decided that because the "emancipation
was not an issue in the agreement", the father was still obligated to pay
for the college expenses. Boucher v. Shomber, 65 Md. App 470 (Dec. 1985)
If
there is no court ordered support order, is there any written agreement to
support the child who is in college?
If
there is a written agreement or letter, you can take this to court. If a judge
agrees that the evidence is enough, s/he can enter a court order for support.
The order can be enforced through the courts.
If
the child in college is under 18, the parent still has a duty to support until
the child turns eighteen (18).
Issue
- My child is in secondary school.
A
child is entitled to support from his/her parents until s/he is eighteen.
If the child has reached 18 and is still enrolled in a secondary school, both
parents must still provide support until one of the following happens:
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