Im the mother(custodial parent)from NY and wasnt married to father (no divorce decree) but been getting payments since our daughter"s been 4, Id like to know(because she's 17 now) if support goes to 21 automatically? Does she have to go to secondary schooling (college) for us to be eligible to get child support until she's done with college/age 21?. Or does child support automatically ends at 18, when she gets out of high school this year? (for NYState.) And, it hasnt had a cost of living adjustment in forever! Can I recoup that? I havent raised..it either. When really i should of but. Im wanting to have it amended cause its Time!! ANd I want to make sure I get help with support as my daughter and I will certainly need it. Especially, being we werent married, there was no divorce decree, I just had state help me get child support ( as at that time I was on public assistance) I am NOT now( havent been in awhile). I want to know if father still needs to pay passed her 18th birthday? / If she's planning on going to college this Fall, is he obligated to pay child support ?
If you have a New York order of support, the payment automatically goes until 21 unless your daughter gets married, joins the armed forces or is working full-time and self sufficient. No child support ever automatically ends at 18. In addition, to child support, he may be obligated to pay a portion of the cost for your child to attend college.
You can file a petition with the court for an upward modification so that support is increased and payment for college be added to the order. No increase whether cost of living or otherwise will be retroactive. You will only be entitled to receive an increase from the date of filing going forward.
You should consult with an attorney before going forward with a petition.
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