There are two children involved.
Child #1: is in grad school and just had their 22nd birthday.
Child #2: is 19. Attended a full time 4-year college for one year and then stopped May 2019. November 2019 enrolled in a hair/esthetics program at a local beauty school. She has also moved out and is living and paying rent on a house that is also shared by some other people.
I think it is a no-brainer to stop child support payments but thought I'd chime in here to see what anyone else had to say. Below is the text of the emancipation section of our separation agreement.
Thank you for listening. I apologize in advance if I violated the etiquette of the forum- I don't visit here very often.
EMANCIPATION
Both parties acknowledge and agree that child support obligations under this Agreement to the child
of the marriage shall cease upon the occurrence of an Emancipation Event. With respect to their
child, an Emancipation Event shall be deemed to have occurred upon the earliest happening of any
of the following:
A. Reaching the age of twenty-one (21) years or the completion of four (4) academic years of
college education during the years immediately following the child's graduation from
high school, unless interrupted for good cause and does not exceed the child's twenty-
second (22pd ) birthday, whichever last occurs;
1. Discontinuation of full time college study prior to the attainment of the age of
twenty-one (21) years also shall be deemed to be an emancipation event; however,
should the child elect not to attend college in the semester immediately following
high school graduation, said temporary suspension of study shall not be deemed
to be an emancipation event.
2. For the purposes of this Article, a full-time course of study shall be deemed to be the
completion of twelve (12) or more academic credits per semester.
B. Marriage, even though such marriage may be void or voidable and despite any annulment
thereof;
C. Permanent residence away from the residence of either parent. Residence at
boarding school, camp or college is not deemed a residence away from the
residence of either parent, and such residence at boarding school, camp or college
is not an Emancipation Event.
D. Death of the child;
E. Entry into the armed forces of the United States or its Peace Corps, provided that
the Emancipation Event shall be deemed terminated and nullified upon discharge
from such forces and thereafter, the event period shall be the applicable period as if
such Emancipation Event by reasons of said entry had not occurred;
F. Engaging in full-time employment upon and after the attaining of the child of eighteen (18)
years except and provided that:
1. Engaging by the child in partial or part-time employment shall not be deemed an
Emancipation Event, however, if the child is employed part-time and is capable of
full-time employment, the parties shall re-enter mediation to determine a new
support schedule based on the then-existing circumstances of the child's
capabilities for self-support; and
2. Engaging by the child in full-time employment during vacation and summer
periods only shall not be deemed an Emancipation Event. Such Emancipation
Event shall be deemed terminated and nullified upon cessation by the child for
any reason from termination until the soonest of any other Emancipation Event.
G. Both parties agree that an Emancipation Event shall be deemed deferred beyond
the twenty-first (21st) birthday of the child only if and so long as the child pursues
college education with full diligence and on a continuous basis and in no event
beyond the twenty-second (22nd) birthday of the child.
H. College education does not include education in the evening, unless said education
constitutes a full course of study normally ending in four (4) years.
Child #1: is in grad school and just had their 22nd birthday.
Child #2: is 19. Attended a full time 4-year college for one year and then stopped May 2019. November 2019 enrolled in a hair/esthetics program at a local beauty school. She has also moved out and is living and paying rent on a house that is also shared by some other people.
I think it is a no-brainer to stop child support payments but thought I'd chime in here to see what anyone else had to say. Below is the text of the emancipation section of our separation agreement.
Thank you for listening. I apologize in advance if I violated the etiquette of the forum- I don't visit here very often.
EMANCIPATION
Both parties acknowledge and agree that child support obligations under this Agreement to the child
of the marriage shall cease upon the occurrence of an Emancipation Event. With respect to their
child, an Emancipation Event shall be deemed to have occurred upon the earliest happening of any
of the following:
A. Reaching the age of twenty-one (21) years or the completion of four (4) academic years of
college education during the years immediately following the child's graduation from
high school, unless interrupted for good cause and does not exceed the child's twenty-
second (22pd ) birthday, whichever last occurs;
1. Discontinuation of full time college study prior to the attainment of the age of
twenty-one (21) years also shall be deemed to be an emancipation event; however,
should the child elect not to attend college in the semester immediately following
high school graduation, said temporary suspension of study shall not be deemed
to be an emancipation event.
2. For the purposes of this Article, a full-time course of study shall be deemed to be the
completion of twelve (12) or more academic credits per semester.
B. Marriage, even though such marriage may be void or voidable and despite any annulment
thereof;
C. Permanent residence away from the residence of either parent. Residence at
boarding school, camp or college is not deemed a residence away from the
residence of either parent, and such residence at boarding school, camp or college
is not an Emancipation Event.
D. Death of the child;
E. Entry into the armed forces of the United States or its Peace Corps, provided that
the Emancipation Event shall be deemed terminated and nullified upon discharge
from such forces and thereafter, the event period shall be the applicable period as if
such Emancipation Event by reasons of said entry had not occurred;
F. Engaging in full-time employment upon and after the attaining of the child of eighteen (18)
years except and provided that:
1. Engaging by the child in partial or part-time employment shall not be deemed an
Emancipation Event, however, if the child is employed part-time and is capable of
full-time employment, the parties shall re-enter mediation to determine a new
support schedule based on the then-existing circumstances of the child's
capabilities for self-support; and
2. Engaging by the child in full-time employment during vacation and summer
periods only shall not be deemed an Emancipation Event. Such Emancipation
Event shall be deemed terminated and nullified upon cessation by the child for
any reason from termination until the soonest of any other Emancipation Event.
G. Both parties agree that an Emancipation Event shall be deemed deferred beyond
the twenty-first (21st) birthday of the child only if and so long as the child pursues
college education with full diligence and on a continuous basis and in no event
beyond the twenty-second (22nd) birthday of the child.
H. College education does not include education in the evening, unless said education
constitutes a full course of study normally ending in four (4) years.
