Cohoes, NY asked in Child Support and Family Law for New York

Q: Can my kids mom take me for more child support, if the kids are 18 and 20 and the kids don’t work?

My kids are 18 and 20 and they don’t work , I pay child support and not after 4 years , my kids mom wants more $ so she is filling saying “the cost of living has gone up” my kids are adults and if she needs more help , they should be working also

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3 Lawyer Answers
Howard E. Knispel
PREMIUM
Answered

A: In New York, child support terminates at 21. However, in most cases, the amount of support is determined by your income. Only where the court determines you are under-employed would the court deviate. Talk to a local attorney.

A: Yes. In New York, parents must support their children until their twenty first birthday unless earlier "emancipated." This means the child must be totally self supporting, or married, or in the military to get the asker off the hook.

David P. Badanes
PREMIUM
Answered

A: In New York, you are responsible for child support until a child turns 21 years old. There are a few exceptions, for example, if the child enrolls in the military; gets married. It doesn't matter if the children work or don't work.

You might try to see if the kids will live with you -- then you can go to the Court and stop your child support payments and get the ex to perhaps pay child support to you.

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