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

Brewerton, NY |

at what age does child support stop in new York State?

she is 18 and quit college. living at home and working do i still collect support

Attorney Answers 1


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 working full time may result in a determination that the child is emancipated. Marriage is another circumstance that may cause a child to be emancipated. A child who would be able to live at home, but refuses to follow reasonable household rules and who then voluntarily chooses to leave the parental home, will frequently be found by the court to be emancipated. Although a child who is determined to be emancipated can become unemancipated if the facts support that situation, for example your child got married, left the custodial parent's home to live with her husband, but six months later returns to the "custodial parent's" home because her husband is divorcing her and she cannot afford to live on her own.

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