## Facts

- Robert and Betty George divorced in 1996; Betty received custody of their minor daughter, A.D.G., and Robert was ordered to pay child support.
- At age 16, A.D.G. quit school, became pregnant, and gave birth to a child.
- A.D.G. continued to live in her mother’s home and remained largely financially dependent on her mother.
- Robert moved to terminate child support, claiming A.D.G. was emancipated based on leaving school and becoming a parent.
- The district court found A.D.G. emancipated and terminated Robert’s child-support obligation.
- The Kansas Department of Social and Rehabilitation Services, acting to enforce the support obligation, appealed.

## Issues

1. Whether a minor is automatically emancipated, ending court-ordered child support, when she quits school, becomes pregnant, and gives birth while still living with and substantially dependent on a parent.
2. Whether termination of child support based on “constructive emancipation” is proper without considering the totality of circumstances relevant to dependency and independence.

## Decision

- The Kansas Court of Appeals reversed the order terminating child support.
- The court held that quitting school, pregnancy, and childbirth do not, by themselves, establish emancipation.
- The court emphasized the minor’s continued residence with, and substantial dependence on, her mother as inconsistent with emancipation on this record.
- The case was remanded for consideration of all relevant factors bearing on emancipation and continued support.

## Legal Principles

- Emancipation in Kansas is a fact-specific determination and is not presumed from isolated life events.
- A minor is not emancipated merely because she becomes pregnant, gives birth, or leaves school; courts must assess actual independence from parental support and control.
- Continued residence with a parent and substantial financial dependence weigh against a finding of emancipation.
- Kansas law contemplates judicial assessment of majority-type status (including under K.S.A. 38-108), supporting a case-by-case approach rather than automatic emancipation.
- A court may not terminate a support order based solely on a categorical theory of “constructive emancipation” without evaluating all relevant circumstances.

## Conclusion

The court held that adolescent pregnancy, childbirth, and leaving school do not automatically emancipate a minor or justify ending a noncustodial parent’s support obligation; emancipation requires a full, fact-based inquiry into the minor’s actual independence and dependency.


In re Marriage of George, 26 Kan. App. 2d 336, 988 P.2d 251 (Kan. Ct. App. 1999)