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Definition Emancipation - the point at which a minor comes of age.
Application in Divorce The age is typically 18 or 21.

This term has different definitions in different jurisdictions.

In the 1970s and 1980s, some states rewrote their emancipation statutes to provide that a parent is released from a support obligation when a child is 18 or 19 or when he or she graduates from high school.

In some cases, a minor -- that is, a person below the age of majority-- achieved emancipation by enlistment in the armed services, pregnancy or giving birth, marriage. What is termed "self emancipation" happens when "’a child who is physically and mentally able to take care of himself voluntarily abandons the parental roof and leaves its protection and influences and goes out to fight the battle of life on his own account,’" as one writer put it.

The mere act of dropping out of high school does not constitute emancipation. In some jurisdictions, however, a young person who becomes employed may be considered emancipated even if he or she lives at home.

In divorce, emancipation does not necessarily mean majority, which is 18. Some jurisdictions consider emancipation to be 18 to 23 to allow for support through college.

Care should be taken in marital separation agreements to define emancipation in a way that considers college for children still at home at the time of the divorce.

See College Education.

Questions & Answers
Can I have my separation agreement provide for the support of our children through college?
Child support usually terminates upon the age of majority (either 18 or 21, depending upon the state). You can, however, contract to continue the child support through college (which typically exceeds the age 18 and even 21). If this is your intent, be sure to be explicit in your language within this particular clause. This would be achieved by including a clause that specifically addresses additional support for secondary education. Too often this important issue is left out of the agreement or not consider when the children are very young.
How do I terminate my child support obligation and stop wage garnishment in Rhode Island?
In Rhode Island (RI) child support does not automatically terminate when a child reaches 18 years old! Termination of a child support order is not automatic in Rhode Island! A child support order / obligation will only terminate if a motion to terminate child support is granted by a Judge of The Rhode Island Family Court. Pursuant to RI law, child support is eligible to be terminated upon a child attaining the age of 18 and graduating high school but not longer then the child turning 19 years old. If the child is 18 years old and still in high school than child support may continue until the child graduates high school but not longer then the child attaining the age of 19.

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