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Can an 18 year old still receive child support in NY

Piermont, NY |

Long story short, my father's received child support from my mother for two years and he's been using it for his personal expenses. When I turn 18 he is kicking me out and moving to NJ. I am aware that NY has no official emancipation process so that means he will still have to support me until I'm 21 correct? If that's the case is it possible that he be court mandated to pay me child support? Could i petition for it?

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Attorney answers 4

Posted

Once you no longer live with him then he isn't custodial (emancipation event). You should talk to a lawyer about your situation. You may be able to find free help at the Family Court or legal aid or look on Avvo for "pro bono" attorneys in your area.

Posted

It would depend what you're doing...if you are a full time student, you can file for support. If you are working full time or in the military, no.

Posted

If your father requires you to leave the home, and if you are not married, in the military or self supporting, you are entitled to support from your parents. You may file for support against both parents. You will ask that the money your mother pays be paid to you. You will also ask for support from your father.

If you apply for public assistance, the Dept. of Social Services in your county will file for support from your parents. The county will be entitled to the support because the county will be supporting you.

This anawer is not intended to create an attorney-client relationship and may be considered attorney advertising. This answer should not supplant advice received from any attorney the questioner may have or obtain, as that attorney will be able to provide more thorough and informed advice.

Posted

You can petition for child support, but you will have to establish that you are not emancipated, construtively or otherwise.