Deanna L. Siegel's Answers

Under New York child support laws, at what age does child support end

Under New York state law the obligation to provide child support continues through the child's twenty first birthday, unless the child is found to be emancipated before age twenty one. The issue of emancipation is generally decided by the Judge or the Support Magistrate, based upon the facts of the case, not the parent. The courts are reluctant to stop support before the child turns eighteen. After 18, situations like a child moving out to their own apartment and living on their own while...

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NY State Child Support Laws: Downward Modification of Child Support If I Get Laid Off.

I am assuming that you are speaking of a Family Court order of support. Under Section 421 of the Family Court Act, the proper place to bring a proceeding is in the county where one of the parties reside at the time of the filing of the petition. In this case that means, whatever county you reside in or Jefferson County. Normally the court that did the original order is where you should file, but if that is Jefferson, I believe you have the right to file in New York. The Court may determine...

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In, NYC Does child support go through age 21 or 23 for a full time college student

The child support obligation in New York by statute runs through age 21 unless the child is emancipated earlier. Your child support will end automatically at age 21, unless there is an agreement otherwise. Many separation agreements or divorce stipulations provide for payments for college costs until the child graduates or reaches a specified age beyond 21. Unless you have such an agreement with your ex that provides for payments after your son reaches 21, the courts do not extend the...

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Does the father of a baby that he does not want have to pay child support if the mother refuses to get an abortion

If the child is found to be your child, then you can be obligated to pay child support. The fact that she went for an abortion and did not follow through does not change that in any fashion. The fact that you did not want to have the child does not change the fact that there is a child who is likely to be your son and you are responsible for your children.

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Procedure for stopping child support in NY state

You must take her to court. In NY the child support obligation continues to age 21 unless the child is emancipated. Emancipation is a fact based issue, that requires the court to make a finding to terminate your order. I would urge you to consult with an attorney who is familiar with child support to discuss the facts of your case and to advise you whether it is possible on your facts to have the court declare her to be emancipated. I would note that you say your daughter is still living...

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Procedure for filing child support modification in NY state

You would need to file a petition for modification. In your case you will need to allege that the child support is not meeting the children's needs, and why it is not. You are not automatically entitled to an increase in child support based on the increase in his earnings. He is also not automatically entitled to a reduction because one child has been emancipated. The only time he can automatically decrease his child support payment is if the order says the support is directed per child,...

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New York child custody and support laws, can I stop paying support for 20 year old child

You cannot stop paying child support without seeking a modification of the order. At a minimum if you believe you no longer have a support obligation to your ex because your child is going to live with you, you should file a modification petition for the support order. Your daughter is technically not entitled to receive the child support monies, as the court will presume that the money is going to pay for the upkeep of the household that she lives in on vacation, holidays and weekends when...

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My daughter (under 18) has become pregnant, has she emancipated herslef? and can support stop

She is not emancipated simply because she is pregnant. You may not stop paying your child support (legally) unless there is a court order which says she is emancipated and terminates the terms of your support order. Which means that you must file a modification petition in your court. The only exception to this requirement is when your child turns 21 (the age of majority for NY orders, this is usually younger for most other states' orders). Under the law in NY a child is considered fully...

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In Ny, would child support payment stop if

Your child support obligation continues in NY until your child is 21 or is emancipated. Emancipation is based on the facts. In your case I would believe that the mother is no longer entitled to child support, if there is still a continuing obligation for you to pay, and there likely is because your ex threw him out (althought her reason for doing so may justify her actions). It may also be that his conduct is such that the court would find him to be unwilling to follow reasonable household...

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If a father signs over his parental rights

If a parent signs over his parental rights he is still responsible for child support until there is an adoption which is finalized in the court. The responsiblity to provide for the child only ends when the parent who gave up his or her rights is replaced legally.

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