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LegalGems, Lawyer
Category: Family Law
Satisfied Customers: 9907
Experience:  Experienced Family Law Attorney
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If a minor: 17 years of age, no longer lives with the

Customer Question

If a minor: 17 years of age, no longer lives with the custodial parent who is receiving child support, must child support continue to be paid to said custodial parent.
Submitted: 1 year ago.
Category: Family Law
Expert:  LegalGems replied 1 year ago.

A minor is not considered emancipated until there is a court order to that effect. This is typically seen when a child becomes pregnant or married.

Here is information here[1].pdf

The parent that has custody can actually lose custody, as the court expects the child to live with the custodial parent. If custody is awarded to the other parent, that parent is typically entitled to child support.

According to the statute, the court may order a retroactive adjustment of child support in such cases:

8. For purposes of adjusting any award of child support under this paragraph, “substantial amount of time” means that a parent exercises time-sharing at least 20 percent of the overnights of the year.

(c) A parent’s failure to regularly exercise the court-ordered or agreed time-sharing schedule not caused by the other parent which resulted in the adjustment of the amount of child support pursuant to subparagraph (a)10. or paragraph (b) shall be deemed a substantial change of circumstances for purposes of modifying the child support award. A modification pursuant to this paragraph is retroactive to the date the noncustodial parent first failed to regularly exercise the court-ordered or agreed time-sharing schedule.

That statute is located here:

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