Legal Question in Family Law in Maryland

Is my 16 yr old married daughter an adult

my daughter is 16 yrs old and married to a 19yr old my question is: Is she an adult? Are the laws different from State to State on this? And, which are the States where she would be concidered an adult?(if appicable)


Asked on 4/19/01, 8:22 pm

1 Answer from Attorneys

Lisa Lane McDevitt McDevitt Law Office

Re: Is my 16 yr old married daughter an adult

When you ask whether she is an adult, it depends on what context you are referring to. All states treat juveniles differently. If you are referring to child support obligation, most states and most property settlement agreements state that once the child married or becomes emancipated child support obligations end.

In Md a child support obligation continues until the child reaches the age of 18, but can continue if the child is an adult and is handicapped. In Md you can also generally terminate child support when the child becomes emancipated by age, marriage, or self-sufficiency, or upon termination of parental rights. Emancipation by age occurs at the age of 18; however, parents may agree to extend the obligation to pay child support beyond a child's 18th birthday.

In VA child support orders are normally terminated when the child reaches 18 or is legally emancipated, court ordered support for a child over the age of 18 must continue if the child is still in high school, not self supporting and living in the home of a parent seeking child support. In these situations, support will terminate when the child reaches the age of 19 or graduates from high school, whichever occurs first.

In DC child support can continue by statute until the child reaches 21.

HOWEVER, IF YOU ARE REFERRING TO CHILD SUPPORT, THE MOST IMPORTANT THING TO REMEMBER (AND THE REASON WHY I HAVE TYPED THIS IN CAPITALS) IS THAT YOU MUST ACTUALLY SEEK A COURT ORDER TO END CHILD SUPPORT. PLEEEEEEEEEEEEEEEEEEASE DON'T JUST STOP PAYING IF A COURT HAS ORDERED YOU TO PAY. IF YOU DO SO, YOU WILL BE IN ARREAREGES AND COULD BE FOUND IN CONTEMPT OF COURT IN ADDITION TO BEING HELD LIABLE FOR THE AMOUNT DUE TO THE CUSTODIAL PARENT. TO STOP PAYING CHILD SUPPORT (EVEN IF CHILD IS NOW MARRIED) YOU MUST PETITION THE COURT TO END THE SUPPORT!!)

Please call my Maryland office at 301-652-0663 or my Virginia office at 703-968-3974 if you meant to speak of an "adult" other than for child support payments. I'm happy to help you.

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Answered on 6/13/01, 11:00 pm


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