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Does New York child support law require child support to be paid until child reaches 21 years of age

I am a New York State resident who is paying child support. My 19 year old sons now reside in Florida. Am I bound by N.Y.S. law to pay until they are 21, or if I am correct, the legal age in Florida is 18?

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Attorney answers (1)

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Child support rules follow the regulations of the state where the order was granted. If you do not have the incidents of emancipation defined in your original property settlement agreement, then you would be wise to file a motion to have the child declared emancipated. In NYS that usually means the completion of education, not necessarily the reaching of age 21. If you need further advice on this issue, you might benefit from discussing your options with my partner James DeFelice.
On my profile there are several legal guides. I recommend reviewing the following which may be helpful to you:


Hiring a lawyer; Is it Legal? Is it Illegal?...Understanding the different court systems;
Legal terms used in litigation………………………………………………………..



Divorce in General and How It's Handled in New Jersey
Financial Dos and Don'ts after a Divorce (written by Attorney Gabriel Cheong)

FYI my law partner James DeFelice practices family law in your part of NYS. You can access his contact information on his avvo profile or on our firm’s website: www.sarnoanddefelice.com


LEGAL DISCLAIMER…………………………………………………………………..
Mr. Sarno is licensed to practice law in NJ and NY. His response here is not legal advice and does not create an attorney/ client relationship. The response is in the form of legal education and is intended to provide general information about the matter in question. Many times the questioner may leave out details which would make the reply unsuitable. Mr. Sarno strongly advises the questioner to confer with an attorney in their own state to acquire more information about this issue.
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Other answers (2)

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importedjoe

I was in court just 6 years ago & was informed that I would have to pay child support up until the last day of the childs 21st birthday. This is the day before the child turns 22. I don't know if this helps you.
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importedjoe

Child Support payments are based on where the non custodial parent lives, not where the child lives. I am bond by NYS child support laws myself, although my child lives in Puerto Rico but originated in New York.

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