Child lives with her mother. Child is not in school or attends college
The issue on emancipation is not merely whether the child works - even full-time. The issue is whether the child, by virtue of her employment, is completely self-supporting. If the child is at all dependent, then emancipation is an unlikely ruling. That said, it's worth it to schedule a follow-up consultation with a NYC Child Support lawyer.
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Do you have a current support order? Typically it would dictate when your support payments should stop for example age of 18 years old and graduates from high school. Review your current orders and consult with a family law attorney in your area to determine if you should still be paying any support since the child is now an adult at the age of 19 years and is no longer in school.
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Most emancipated (self-supporting) 19 year-olds don't live with mom. Thus, it is unlikely that your child would be deemed emancipated at this time. In New York, child support is payable until age 21, unless the child is sooner emancipated. If you're not sure whether your child is emancipated, I suggest you consult with a local attorney for more information and specific advice. Good luck!
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You could file a petition to terminate child support in the Family Court, however you would be obligated to prove that your child was self-supporting through full-time employment. The age of emancipation is 21, not 18. If a parent wants to terminate support prior to the child reaching the age of 21, the parent must prove emancipation which in New York is defined as getting married, joining the military, reaching the age of 21 or working and earning enough money to be self-sufficient. You might consider speaking to the child's mother concerning your desire to terminate support. If she doesn't agree to terminate, she might agree to accept a lower amount of support for the next two years.
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