questions & answers

Question: My daughter is turning 18 but won’t graduate high school till she’s 19. She has been alienated from me and refuses to spend any time with me. Stays with her mother. Can I emancipate her when she turns 18 and stop child support without waiting till she’s 29 and graduated high school.

Answer: The Arizona Statute on this issue is pretty clear.  A.R.S. Section 25-501, part A states:  "every person has the duty to provide all reasonable support for that person's natural and adopted minor, unemancipated children, regardless of the presence or residence of the child in this state.  In the case of children with metal or physical disabilities, if the court, after considering the factors set forth in section 25-320, subsection D, deems it appropriate, the court may order support to continue past the age of majority.  If a child reaches the age of majority while the child is attending high school or a certified high school equivalency program, support shall continue to be provided while the child is actually attending high school or the equivalency program but only until the child reaches nineteen years of age . . ."  (bold emphasis added)  Moreover, you cannot unilaterally emancipate your child.  An 18 year old is legally an adult but if the child is in high school, support continues as stated in the statute.