Q: Do I need to pay child support in New York even though my son's been working full-time for the past 10 months
I've been paying the child support all his life and for my daughter who is going to be 23 who is emancipated but my child support has never changed never took me back from modification even though I'm making more money now. Will I be opening a can of worms if I try to stop paying child support for my son that is working full-time but still lives with his mother?
A: Child support ends in NY at the age of 21 or upon emancipation unless otherwise agreed to in a writing. You may need to go to court to have a child declared emancipated who is under the age of 21 or if termination of support is inconsistent with a written agreement.
A: If the child is earning enough to be self supporting then he would be considered emancipated. To have child support stopped, you have to file a petition in Family Court to declare your son emancipated based on his working full time. Your daughter who is over the age of 21 is also considered emancipated unless you have an agreement that says you will pay beyond the age of 21. You filing a petition to stop child support does not in and of itself trigger an inquiry as to an increase in child support (aside from the fact that if you win the petition there will be no child support to pay).
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.