Legal Question in Family Law in New York

Adult Child Support

Is a 21 year old still entitled to child support in New York even if he/she is a college student and if yes, when does child support stop then for an adult who is old enough to go to war but isn't old enough to support themselves? The mother has always lived on welfare and one of her means of support was the child support and now is grasping at straws to keep it coming. She is not disabled so she is able to work instead of trying to use her adult child in continuing to get child support. Doesn't a father have some legal recourse under these circumstances? If the court rules that the father has to continue to pay support since his daughter is in college, when can he finally put an end to it? I mean, can she be 40, still in college and still be entitled to child support? This is pretty ridiculous that they have any claim at all for continued child support.


Asked on 12/19/06, 2:36 pm

1 Answer from Attorneys
Andrew Nitzberg Andrew Nitzberg & Associates

Re: Adult Child Support

While the law finds a person at age 21 is an adult and no support is due, the parents have the right to negotiate a different age at which support will end.

Support is owed to the child and not the custodial parent. In the real world, that means that the age may be negotiated upwards but not downwards.

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Answered on 12/19/06, 2:40 pm


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