Child support termination automatic at age 21 in New York?

Asked almost 4 years ago - North Tonawanda, NY

Is it necessary to petition the court to terminate child support, at age 21, in New York, if no special circumstances or conditions were spelled out in the seperation agreement? Payments have always been made, without collections, garnishments or like. Custodial parent has expressed to child that these payments will stop. But, do I need something "official" to cover me???

Attorney answers (2)

  1. Keith Scott Orenstein

    Pro

    Contributor Level 11
    Best Answer
    chosen by asker

    Answered . A parent's liability for the support of his or her children is limited to children under the age of 21 years. In the absence of an express or implied contract, parents have no duty to support an adult child after he or she turns 21. It is unnecessary to go to court to terminate child support under that circumstance; termination is automatic. For custody, visitation and other purposes, the age of majority is age 18, but for purposes of the child support obligation the age of majority remains at 21.

  2. David Alexander Browde

    Pro

    Contributor Level 20

    Answered . Under those circumstances, no. If you're in compliance with the agreement and if the agreement is in compliance with the law you don't need court action.

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