Tatar v. Schuker- Child Support after age 18
October 11th, 2007In a recent Appeals Court decision, it was held that although a child support order with no end date may continue past the child’s eighteenth birthday, a father could not be held in contempt for his failure to pay if the order was not clear on his obligation to pay past that date.
In Tatar, the father’s child support order had no automatic end date, and therefore he stopped making child support payments when his youngest child turned 18. The mother filed a contempt action against the father for his failure to pay.
Normally, a minor is considered an adult once they turn eighteen. However, for purposes of child support, a child may still be a dependent and subject to child support if they are under the age of 21, living at home, and still principally dependent on the custodial parent. Further, after the age of 21, if the child is a full time student, living at home, and principally dependent on the custodial parent, they may receive child support until they turn 23.
In Tatar, although the original support order did not give a specific date when support would end, the Court read the order as requiring support until the child was emancipated, meaning not living at home and not dependent on the mother, not when the child turned eighteen. However, because the order was not specific, the father’s failure to pay did not merit a finding of contempt.
This confusion can be addressed by being specific in your agreement for child support. Even if your children are very young when you are going through a divorce or separation, it isn’t too early to start thinking about the future, and what support needs they may have once they turn eighteen.