Once a child is considered a legal adult, his or her non-custodial parent is no longer required to pay child support payments. However, should there be back child support payments that were unpaid during the time in which they were due, the custodial parent still generally has the right to collect on these back payments, even after the child has been emancipated.
The Rules for Back Child Support
It is important to note, first of all, that rules on all of this vary greatly by state. For example, in some states, the child is considered an adult at 18, other states say 19; some say he is an adult when he or she ends high school, whenever that is. Still others say age 21. You'll need to know the specifics in your state.
Regardless, once the child is officially considered an adult, the custodial parent will not be owed any new child support payments. However, any outstanding ones are still collectable provided the parent files a court order. While the debtor may not have the money for the payments, filing a court order means that should he or she come into money, it can still be collected and paid to the other parent for back child support.
Statute of Limitations
Some states have a statute of limitations on how long after the child becomes an adult such a court order can still be enforced. As such, if you hope to collect payments due, you should not wait too long or your claim could be time-barred and you could end up with nothing.
Getting Help
Because the rules for collecting back child support after a child is an adult can vary by state, you should check with a lawyer in your area for more details. If you are eligible to collect back child support, your lawyer can also assist you in filing the proper legal documents and taking the steps necessary to get the money you are owed.