when does child support stop if the child is 18 and no longer in school

Child support in NY runs through age 21 unless the child is emancipated earlier. Emancipation is fact based and not attending school is a fact the court can look at but it is only a factor. If the child is still living at home and being supported by the custodial parent then it is more than likely that the court will not find the child to be emancipated. You may not stop paying until age 21 unless you get a court order determining the child to be emancipated.

In New York, unless the parties agree otherwise, child support is payable to age 21. Even if a child is over 18 and is no longer in school, child support is still due unless the support order is terminated by a Court. A child support payor can file a petition in Court to terminate their child support obligation under very limited circumstances, typically where it can be demonstrated that a child is emancipated (i.e. self-supporting or no longer entitled to parental support under the law). It is typically a very high burden to meet to convince a Court that child support payments should be terminated prior to age 21, but it can be done. I would recommend discussing the facts of your particular case with an attorney to more accurately measure the potential that child support may be terminated or modified in your case. Good luck.