New York, NY asked in Divorce and Child Support for New York

Q: I have two children in college: son (22), senior daughter (21) a junior

Should I stop paying child support because they are both over 21?

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6 Lawyer Answers
Christine Moccia
Christine Moccia
Answered
  • Rye Brook, NY
  • Licensed in New York

A: Depends on what your agreement says. Check the provision for emancipation event.

David P. Badanes agrees with this answer

Christine Moccia
Christine Moccia
Answered
  • Rye Brook, NY
  • Licensed in New York

A: Check your separation agreement for emancipation event

David P. Badanes agrees with this answer

David P. Badanes
David P. Badanes
PREMIUM
Answered
  • Northport, NY
  • Licensed in New York

A: Whether or not you can stop paying child support would depend on: do you have an agreement or Court Order stating you have to pay child support past 21 years of age? If there is an agreement or Court Order that says that, then, no you can't stop paying child support and have to abide by the Court Order.

If there is no agreement or Court Order, then yes, child support stops at 21 years of age.

David P. Badanes
David P. Badanes
PREMIUM
Answered
  • Northport, NY
  • Licensed in New York

A: Whether or not you can stop paying child support would depend on: do you have an agreement or Court Order stating you have to pay child support past 21 years of age? If there is an agreement or Court Order that says that, then, no you can't stop paying child support and have to abide by the Court Order.

If there is no agreement or Court Order, then yes, child support stops at 21 years of age.

Howard E. Knispel
Howard E. Knispel
PREMIUM
Answered
  • Commack, NY
  • Licensed in New York

A: You certainly do not have to pay child support for the 22 year old, but you need to read your divorce regarding the 21 year old. It depends on whether you agreed to pay until they are 22 if in college. Is money going to the CSEU or do you pay your ex directly? You may need to go to court to terminate the support. see a lawyer.

Lawrence Allen Weinreich
Lawrence Allen Weinreich
Answered
  • Garden City, NY
  • Licensed in New York

A: As the other attorneys have said, it all depends on what court orders or Stipulation or agreement you have. The courts can't order support beyond 21 unless you agree to it. If you have an agreement, check it to see what it says about emancipation and if support continues until 22 or even a later age if child is in college. If the agreement does not provide for support beyond the age of 21 then you should be able to stop paying support.

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