Emancipation (Non IVD)
In Non IVD Court Trustee cases, the Court Trustee mails letters to residential custodial parents two (2) to three (3) months prior to a child’s 18th birthday. At this time, we require that you get a letter from the high school which includes an expected date of graduation. The residential custodial parent must submit a written statement to the Court Trustee if the child will not graduate from high school by June 30th of the school year they turn 18. The statement must include the reason why the child is behind in school and if the other parent was aware of or involved in any decisions regarding the situation. The Court Trustee will then review the child support matter to see if it is appropriate to file a motion to have the child support extended per law (the parties may also agree to extension but the agreement must be approved by and filed with the Court.
The Kansas school year runs from July 1st until June 30th. If a child is still in high school on his or her 18th birthday, in most cases child support will continue until June 30th of that year. Unless the child support order directs otherwise, child support orders decrease proportionately as each child is emancipated. When the last child is emancipated, the case will close unless there is still an arrearage owed.
See K.S.A. 60-1610(a)(1) for more information on Kansas law regarding emancipation.
The court may order child support to be paid for any child less than 18 years of age. Child support terminates once the child reaches the age of 18 unless 1) the parent(s) agree, by written agreement approved by the court, to pay support beyond the time the child reaches 18 years of age; or 2) the child reaches 18 years of age before completing high school in which case the support shall not terminate automatically, unless otherwise ordered by the court, until June 30 of the school year during which the child becomes 18 years old and the child is still attending high school; or 3) the child is still a bona fide high school student after June 30 of the school year during which the child became 18 years old, in which case the court, on motion, may order support to continue through the school year during which the child becomes 19 years old as long as the child is a bona fide high school student and the parents jointly participated or knowingly acquiesced in the decision which delayed the child’s completion of high school.