Legal Question in Family Law in Washington
Child Support stops in state of Washington?
My son will be 18 in Oct. He has gotten his girlfriend pregnant and she has move in with him and his mother. Will I have to continue to pay child support for my son until he finishes High School - in June of 2008 or is he considered emancipated because he is becoming a father himself and living in a common law type relationship? He resides in the State of Washignton.
2 Answers from Attorneys
Re: Child Support stops in state of Washington?
Whether your son is emancipated is a matter to be determined by a court. If he does not petition for his emancipation, you may, but the fact of his being a father and residing with a woman is not likely to be sufficient evidence to support his emancipation. Emancipation requires that the minor be independent on several different aspects of life. Washington has no common law marriage, but recognizes common law marriages established in other states that do have common law marriages. What your son is in is what is called under Washington law a meretricious relationship, and there are rights and duties under it, but it does not ever develop the full set of rights and duties that exist under a marital relationship.
Re: Child Support stops in state of Washington?
Your duty to support your child depends on what your support order says. Generally it will say age 18 or graduation from high school, whichever comes LAST.
Unfortunately, biology doesn't always wait, and yes, you do pay child support for your child even though he'll be a father soon. He isn't emancipated just because he's a father.
Hope this helps. Elizabeth Powell