Legal Question in Family Law in New York
18 year old child support
My 18 year old son has moved out of my house. His father pays child support & my son feels that he is entitled to this support. He is going to take me to court. Is he entitled to any money from either his father or me?
1 Answer from Attorneys
Re: 18 year old child support
Whether the Court will decide that you and your 18yr/old son's father will continue to be obligated [to pay] "child" support your son, depends upon the particular circumstances of your son, your and his father's household and all of your respective financial situations.
Why your son is "out of your home." Whether his living outside of your home, is temporary/ voluntary, and more, all has bearing upon what the Court will decide, re your child support obligation.
If your son is enrolled in school or a full time training program, the Court might require that you and his father pay for his costs and disbursements, especially if he is in need; and "his child support" is or was not being used for his benefit. However, if your son is working full time, establishing his own home, or is engaging in conduct that is reasonably and highly objectionable to both you, his father and the Court, the Court might decide that your son is emancipated, and decide that all further obligation to pay child support for him, should be terminated.
Good luck,