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Legally Emacipated and child support in SC

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Alicia910

Junior Member
I reposted thread also. South Carolina - My husband's daughter from a previous marriage is turning 18 in October. He pays child support until his daughter is "legally emancipated" according to their divorce agreement. His exwife argues that he pays until she graduates in June. My question is whether or not a child is technically legally emancipated at age of 18 regardless of their school enrollment and whether he is legally required to pay past his daughter 18 birthday based on the wording of their divorce agreement and SC state law. Thanks
 

not2cleverRed

Obvious Observer
I reposted thread also. South Carolina - My husband's daughter from a previous marriage is turning 18 in October. He pays child support until his daughter is "legally emancipated" according to their divorce agreement. His exwife argues that he pays until she graduates in June. My question is whether or not a child is technically legally emancipated at age of 18 regardless of their school enrollment and whether he is legally required to pay past his daughter 18 birthday based on the wording of their divorce agreement and SC state law. Thanks
We are not privy to the wording of their divorce agreement.

However, an 18 year old enrolled in high school is definitely NOT "legally emancipated" and it is standard in most places (SC included) to continue child support up to age 19 if the child is still in high school. http://www.south-carolina-divorce.com/child-support.html

There is a difference between being a "legal adult" and "legally emancipated". Does she still live with Mom?
 

LdiJ

Senior Member
I reposted thread also. South Carolina - My husband's daughter from a previous marriage is turning 18 in October. He pays child support until his daughter is "legally emancipated" according to their divorce agreement. His exwife argues that he pays until she graduates in June. My question is whether or not a child is technically legally emancipated at age of 18 regardless of their school enrollment and whether he is legally required to pay past his daughter 18 birthday based on the wording of their divorce agreement and SC state law. Thanks
I am quite certain that he is going to have to continue to pay until she graduates from high school.
 

Alicia910

Junior Member
I figured as much. It's not so much about the money as it is about the ex but that is a whole different topic for another day. Thanks
 

Proserpina

Senior Member
I figured as much. It's not so much about the money as it is about the ex but that is a whole different topic for another day. Thanks

Funnily enough it's rarely the parent who says that. More often than not, it's the stepparent who simply cannot bear the fact that their spouse is still required BY LAW to pay child support until the child is emancipated.

I wonder why that is?

I guess that's a whole different topic for another day.
 

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