Legal Question in Family Law in Massachusetts
18-year old / pregnancy / child support
18-year old is pregnant, due in September. She will not be able to start college in the fall but intends to start college either in January or the following fall. Teen's father claims this situation constitutes her emancipation and he has ceased paying child support and other financial obligations to the teen's mother. Does this situation constitute the teen's emancipation?
2 Answers from Attorneys
Re: 18-year old / pregnancy / child support
While the age of majority in Massachusetts is still 18 and a person is considered an "adult," support obligations are tied to the child's maturity and ability to care for themself. Teen becoming pregnant, out of wedlock, typically demonstrates an inability to care for herself. The court may make appropriate orders of maintenance, support and education of any child who has attained age eighteen but who has not attained age twenty-one and who is domiciled in the home of a parent, and is principally dependent upon said parent for maintenance. Further, the court may make appropriate orders of maintenance, support and education for any child who has attained age twenty-one but who has not attained age twenty-three, if such child is domiciled in the home of a parent, and is principally dependent upon said parent for maintenance due to the enrollment of such child in an educational program, excluding educational costs beyond an undergraduate degree. Child support ends at 18 unless there is a court order extending it beyond to age 21 or 23 if enrolled full time in school (not beyond an undergraduate degree), for children who remain domiciled at home with a parent. The answer to your question will depend on your original divorce decree and whether the teen intends to move out of the home or remain an unwed parent.
: 18-year old / pregnancy / child support
In the literal sense, the teenage who is not attending full-time school, and who is over 18, is emancipated.
What a court will do I do not know.