Age of majority

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Mark Kantrowitz

By Mark Kantrowitz

August 29, 2018

The age of majority is the age at which a minor child legally becomes an adult. The age of majority varies by state.

When a child reaches the age of majority, they can legally sign contracts. For example, students who are younger than the age of majority are not eligible for private student loans unless they have a cosigner who is over the age of majority (usually a parent). However, a student who is minor can borrow from the federal student loan programs, even though they are underage, because the Higher Education Act has preempted the defense of infancy for federal student loans since 1986 [20 USC 1091a(b)(2) and (3)].

The age of termination of child support obligations is usually pegged to the age of majority, although child support obligations may continue if the child is still enrolled in high school or disabled. The end of child support payments is a special circumstance that can justify an appeal for more financial aid

The Credit CARD Act of 2009 prevents children from obtaining a credit card unless they have an independent means of repaying the debt, are age 21 or older, or have a cosigner who is age 21 or older. So, a college student could have reached the age of majority for their state of residence, but be unable to obtain a credit card. This is why many college students rely on debit cards instead of credit cards.

The age of majority is not necessarily the same as the age of trust termination, which is the age at which a child gains control over a custodial bank or brokerage account or a custodial 529 college savings plan. The age of trust termination is specified by the Uniform Transfer to Minors Account (UTMA) in most states.

The age of majority differs from the legal drinking age (age 21) or voting age (age 18), which are the same in all U.S. states. The age of consent is age 16, 17 or 18, depending on the state.

The age of majority and the age of trust termination vary by state and are shown in this table.

State

Age of

Majority

Age of

Trust Termination

Alabama

19

21

Alaska

18

21

Arizona

18

21

Arkansas

18

21

California

18

18

Colorado

18

21

Connecticut

18

21

Delaware

18

21

District of Columbia

18

18

Florida

18

21

Georgia

18

21

Hawaii

18

21

Idaho

18

21

Illinois

18

21

Indiana

18

21

Iowa

18

21

Kansas

18

21

Kentucky

18

18

Louisiana

18

18

Maine

18

18

Maryland

18

21

Massachusetts

18

21

Michigan

18

18

Minnesota

18

21

Mississippi

21

21

Missouri

18

21

Montana

18

21

Nebraska

19

21

Nevada

18

18

New Hampshire

18

21

New Jersey

18

21

New Mexico

18

21

New York

18

21

North Carolina

18

21

North Dakota

18

21

Ohio

18

21

Oklahoma

18

18

Oregon

18

21

Pennsylvania

18

21

Puerto Rico

21

N/A

Rhode Island

18

21

South Carolina

18

18

South Dakota

18

18

Tennessee

18

21

Texas

18

21

Utah

18

21

Vermont

18

21

Virginia

18

18

Washington

18

21

West Virginia

18

21

Wisconsin

18

21

Wyoming

18

21

All of the states in the table have enacted UTMA statutes except for South Carolina and Vermont, which still operate under UGMA statutes. Puerto Rico does not have an UGMA or UTMA statute.

When a state enacts an UTMA statute, the previous UGMA statute is repealed and existing UGMA accounts are grandfathered in. However, based on the date of enactment of the UTMA statutes, the grandfathering of UGMA statutes has expired.

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