Emancipation! Wait, I May Still Have to Pay Child Support After My Child Turns 18? (New York Edition)

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At the age of eighteen (18) your child can vote, purchase cigarettes in many parts of the State (with the exception of New York City and Suffolk counties where the age limit is 21), obtain a driver’s license, a credit card and engage in many other acts reserved for adults. Yet, if you are the payor of child support in the State of New York, you will be obligated to continue paying to support for that child until he or she reaches the age of 21.

Sure, there are ways to terminate one’s obligation to remit child support prior to the age of 21. These emancipation criteria are important and should be understood by non-custodial parents and custodial parents alike. Below are some occurrences which can terminate a parent’s obligation to support his or her child:

  1. A child’s marriage, whether the marriage is later voided, annulled, or a divorce occurs;
  2. A child’s enrollment in the military;
  3. A child’s demise;
  4. A child’s residence away from the home of his or her parents (except when enrolled in college, etc.)
  5. A child obtaining full time employment or becoming otherwise self-supporting (full-time work during school breaks, etc., would not serve to emancipate a child), etc.

If you believe that your child has become emancipated or that your former spouse/partner may be attempting to file a proceeding to emancipate your child, contact our office for your personal, confidential consultation. New York and New Jersey Attorney A. Sheralynn Dow is an experienced child-support attorney who can help you navigate this complicated issue by turning your fear into power.

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