Burbank, CA asked in Child Support for New York

Q: Will NYS automatically stop deducting child support from my paycheck when my child turns 21?

My child will turn 21 in 3 months. Will NYS automatically stop deducting child support from my checks each month when he turns 21? I do not owe arrears and there are no stipulations in my divorce agreement that I pay beyond 21. I live across the country and would rather not have to file a modification petition and travel to NYS. I'm assuming a modification is not necessary as it would clog up the court system with thousands of people having to go to court when their child turns 21. Clearly NYS can calculate termination based on the child's date of birth.

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1 Lawyer Answer
Howard E. Knispel
Howard E. Knispel
  • Commack, NY
  • Licensed in New York

A: No. Since people can agree to extend child support past 21 in certain circumstances, the CSEB does not automatically terminate child support. You need to contact CSEB and you may need to file a petition. Contact an attorney in the county where the case is filed.

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