State Law

• The length of time a parent or guardian must pay child support varies by state. All states require child support to be paid until the child reaches the age of eighteen. However, there are some states which require additional child support until the age of twenty-one. Therefore, it is crucial to determine the law of the particular state in which the parent or guardian resides in order to assess the length of time that child support payments are required. Additionally, the length of child support payments may also be influenced by a divorce settlement agreement or decree.
  
  

Termination of Child Support

• The duty to provide child support payments may be terminated based upon the occurrence of certain events. To begin, child support payments do not have to be made upon the death of the child. In addition, if the child becomes an emancipated minor (this is a legal process by which a child legally separates from his parents), there is no duty to pay child support. Furthermore, if a child enters the armed services and is placed on active duty, the duty to pay child support ceases. Finally, if the child earns an income to the extent that the child supports himself, the parent or guardian no longer has a duty to pay child support.
  
  

Failure to Pay Child Support

• In the event a parent or guardian fails to pay child support, the parent or guardian faces significant penalties. Imprisonment, wage garnishment, suspension of licenses, monetary fines, and/or the seizure of assets are all possible consequences for failure to pay child support. Furthermore, in the event a parent or guardian has not paid child support and the child is no longer a minor, the child and/or other parent may be able to seek recovery of back child support payments. Some states do not permit this, while other states allow this recovery. In states where back payment is permitted, there is a statute of limitations which limits the time period in which a person can file a case against the delinquent parent or guardian. Thus, it is important to review the requirements of the particular jurisdiction.