Section 26.16 Emancipation of Children

• Library: Family Law Deskbook and 2014 Supp

2. (§26.16) Emancipation of Children

In facing emancipation issues, counsel should review § 452.340.3–.5, RSMo Supp. 2011. The noncustodial parent’s obligation to pay support continues until the child dies, marries, enters active duty in the military, or becomes self-supporting (if the custodial parent has relinquished the child from parental control by express or implied consent). Section 452.340.3. The age of emancipation is 18 years of age unless the child, when reaching 18 years of age, is enrolled and continuing to attend a secondary school program (high school instruction). Section 452.340.5. If this is the case, support continues until the child completes the program or reaches 21 years of age. Id. Ordinarily, child support is terminated when a child reaches 18 years of age unless the child is still in school or is disabled. The support obligation may continue past 18 years of age with substantial evidence of physical incapacity to the extent that the child cannot be self-supporting. Braddy v. Braddy, 326 S.W.3d 567 (Mo. App. E.D. 2010). To determine if a child is physically or mentally disabled and cannot be emancipated at 18 years of age, counsel should look at the status of the child
at 18 years of age. See also Friedman v. Friedman, 965 S.W.2d 319 (Mo. App. E.D. 1998).

For children attending an institution of vocational or higher education, the support obligation continues until the child completes the education or reaches 21 years of age. Section 452.340.5. The support obligation terminates upon the earliest of the two events. The statute also provides that the child must be enrolled in an institution of vocational or...