Unless the parties agree, the duty to pay child support for a child ends at eighteen (18), the age of emancipation and majority. In the Commonwealth of Pennsylvania, child support ends at eighteen unless the parties have agreed that support will continue for a longer period.
Pennsylvania Code Rule 1910.19. Support. Modification. Termination. Guidelines as Substantial Change in Circumstances. Overpayments., states the following:
“(e) Within six months prior to the date a child who is the subject of a child support order reaches eighteen (18) years of age, the domestic relations section shall issue an emancipation inquiry and notice to the obligee, with a copy to the obligor, seeking the following information:
(1) confirmation of the child’s date of birth, date of graduation or withdrawal from high school;
(2) whether the child has left the obligee’s household and, if so, the date of departure;
(3) the existence of any agreement between the parties requiring payments for the benefit of the child after the child has reached age eighteen (18) or graduated from high school; and
(4) any special needs of the child which may be a basis for continuing support for that child beyond the child’s eighteenth birthday or graduation from high school, whichever is last to occur.
The notice shall advise the obligee that if the inquiry is not returned within thirty (30) days of mailing or if there is no agreement or the child does not have any special needs, the charging order may be modified or terminated by the court. In order to avoid overpayment, when no other children are subjects of the child support order and the obligee either does not return the emancipation inquiry within thirty (30) days of its mailing or does not assert grounds for continuing support for the child, then the domestic relations section shall administratively terminate the child support charging order without further proceedings on the last to occur of the date the last child reaches age eighteen (18) or graduates from high school. Termination of the charging order shall not affect any arrears accrued through the date of termination. The court shall have the authority to enter an order requiring the obligor to pay on arrears in an amount equal to the amount of the charging order until all arrears are paid.”
Pennsylvania Courts have dealt with situations where children are not emancipated after they turn eighteen. In these cases, the child has some disability which impedes their ability to be self-supporting.
The Take Away: Pennsylvania Child Support stops when a child graduates High School or turns eighteen (18) whichever is later in time.