Emancipation (Non IVD)
In Non IVD Court Trustee cases, the Court Trustee mails letters to custodial parents a month or two before a child’s 18th birthday. At this time, we ask that you get a letter from their school and an expected date of graduation and a statement from the custodial parent as to why the child will not be graduating on time and whether or not the non custodial parent was aware of the situation. Unless we receive these documents we will no longer enforce a child support order for that child after the child’s 18th birthday (unless the parties have agreed otherwise and the agreement has been approved by 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.
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.
See K.S.A. 60-1610(a)(1) for more information on Kansas law regarding emancipation.