Legal Question in Family Law in California
My daughter joined the army at 17 do I still have to pay child support
2 Answers from Attorneys
Arguably, by joining the Army, she is legally emancipated. By being emancipated, your obligation would cease. But in order for the support to stop, you need to file a motion with the court to determine that your daughter is emancipated and that support would stop effective her being enlisted in the military. Good luck!
A person under the age of 18 years is an emancipated minor if any of the following conditions is satisfied: ... (b) The person is on active duty with the armed forces of the United States. (Fam. Code, sect. 7002, subd. (b).)
The key here is active duty. I enlisted in the Naval Reserve when I was 17, but did not go on active duty. I did not become active until a year later.