Legal Question in Family Law in New York

In NYS a child who is not emancipated and is living away from both parents may file a petition against his or her parents asking for an order of support to be paid to the child. Emancipation is a legal term. When lawyers and judges say a minor is "emancipated," they mean that the minor is allowed to conduct a business or any other occupation on his or her own behalf or for their own account outside the influence of a parent or guardian. There is no special form for this, simply a petition for child support needs to be filed with the local Family Court. You will have to prove that you are (1) living away from both parents, and (2) not emancipated. If you can do that, the Court will then look to your parents' income, determine their child support payment obligations, and make them pay based upon the Child Support Standards Act Guidelines.