When Do Your Children Become Emancipated From Child Support?

If you are currently paying child support in New York, your liability to pay child support for your children is enforceable until the children reach the age of 21 years.

In the absence of an express contract, parents have no duty to support an adult child. For custody, visitation and other purposes, the age of majority in New York is 18 years, but child support remains until 21. However, this duty is not absolute.

The child support obligation may be suspended or terminated before the child is 21 if the child becomes emancipated by becoming economically independent of his or her parents through employment, marriage or entry into military service.

Under unusual circumstances, a child may be deemed emancipated is he or she is guilty of outrageous misbehavior, such as it makes it inequitable to enforce the New York child support obligation, or if without cause, the child withdraws from parental control and supervision. In other words, if a child refuses to abide by a parents reasonable rules and decides to leave that parents control, the other parent who is still obligated to pay child support can seek a court order to have the child support obligation suspended or terminated. It is important to chose an attorney who can assist you in navigating the difficult aspects of child support.

Please contact Proto, Sachs & Brown, LLP to discuss your child support rights.