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).
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