Yonkers, NY asked in Child Support for New York

Q: (New York) If my son legally changes his last name, can his father cut off child support?

papers say he pays support till 22 if he is a full time student - but my son wants to change his name in 2 months when he turns 18

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1 Lawyer Answer
Nina Mironenko
Nina Mironenko
  • Huntington, NY
  • Licensed in New York

A: A court could deem that your son self-emancipated himself from his father if he legally changes his last name from his father's name. I'm assuming that your son doesn't have a relationship with his father? If the reason for them not having a relationship with each other was the father's "fault" - meaning that the father did not pursue a relationship with your son, then your son could argue that the father still has to support him. If your son did not want to see/communicate with his father for a good reason, then the father would still be liable for support. This issue is very fact specific.

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