Ballston Spa, NY asked in Child Support for New York

Q: My son is 18. He pays for his college tuition and dorm room. He works part time. Do I still pay support?

My son moved into a dorm room for college. He pays for his own food, and will only be living with his mother when school is done for the semester, Am I obligated to still pay child support here in NY. He pays for his own car and insurance as well.

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2 Lawyer Answers
Mary Theresa Colwell
PREMIUM
Answered

A: You should consult with an experienced family law attorney. It is possible you can get a modification to pay only when he’s with mom or if appropriate, to terminate support if you can show he’s emancipated earlier than 21. The cost of any attorney to assist you should be worth the support saving for the next 3 years!

Howard E. Knispel
PREMIUM
Answered

A: Technically the mother is still the custodial parent. If he lives with her on breaks and the summer she remains such. You would have to prove he is totally self sufficient to modify support. That would mean he is fully employed or earning enough to be considered emancipated. Speak to a family law attorney.

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