Legal Question in Family Law in New Mexico
Child Support
If a child becomes pregnant before the age of 18 are they considered emancipated under the law and child support can cease. Also, what is the law concerning home schooling and receiving child support.
Thank you for your help.
1 Answer from Attorneys
Re: Child Support
The answer to the question about pregnancy and emancipation is NO. A child under the age of majority should receive child support even if pregnant. However, if the child is performing the steps of an emancipated minor, i.e., meeting the legal criteria, (i.e., living on their own, holding a job and paying their own bills) then that child can be emancipated and at that time (i.e., obtaining an order of emancipation) support can stop. The legal criteria for emancipation are set forth in the N.M. Statutes Annotated. You can also see or talk to a family lawyer (divorce lawyer) and they can tell you what steps to take to emanicpate the minor. If the minor is living at hope with the other parent then emanicpation is probably not likely.
Good luck.