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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Ms. Brown may be reached at 718-878-6886 during regular business hours, or anytime by email at: email@example.com. All of Ms. Brownâ€™s responses to questions posted on AVVO are intended as general information based upon the facts stated in the question, and are provided for educational purposes of the public, not any specific individual, and her response to the question above is not legal advice and it does not create an attorney-client relationship. Ms. Brown is licensed to practice law in New York. If you would like to obtain specific legal advice about this issue, you must contact an attorney who is licensed to practice law in your state.
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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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.
Advice on this forum is for informational purposes only and should never be mistaken as a substitution for legal... more
Advice on this forum is for informational purposes only and should never be mistaken as a substitution for legal advice. Answering a question does not create an attorney client relationship. If you need legal advice, you should consult or retain legal counsel.
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.
This posting is provided for "informational purposes" only and should not be relied upon as "legal advice."... more
This posting is provided for "informational purposes" only and should not be relied upon as "legal advice." Nothing transmitted from this posting constitutes the establishment of an attorney-client relationship. Applicability of the legal principals discussed here may differ substantially in individual situations or in different States.