Legal Question in Family Law in New York

Child care

IF a child leaves home at 17 in New York State are the parents required to give her money in any form?

thank you


Asked on 3/01/06, 8:44 pm

2 Answers from Attorneys

Stephen Loeb Law Office of Stephen R. Loeb

Re: Child care

Unless a child is legally emancipated, a child is the responsibility of the parents until he turns 18. While there may not be an obligation to pay the child's expenses, there is an obligation to provide food, shelter and housing, however the housing provided need not be seaparate from the parent's home.

Should you like to discuss this or any other legal matter, you can e-mail me for more information about low cost face-to-face, on-line, or a telephone consultation with a lawyer in our office.

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Answered on 3/02/06, 9:53 am
Phroska L. McAlister PHROSKA LEAKE McALISTER

Re: Child care

In NY, A parent is legally obligated to "support" their children until age twenty-one (21, unless the child/children is/are self supporting; or otherwise emancipated.

However, a parent's "support" obligation does not mean that "the" child/ren must be given money directly.

A parent's support obligation refers to "Providing" food, clothing, health care, education and housing.

If A "child" rejects the parent's provision to provide support, ie., food, clothing, housing, etc., w/o good and just cause, they cannot then dictate to the parent, that money must be provided instead.

If your youngster wants to pursue a Court Order to compel you to pay support directly to them, there may be nothing for you to do to prevent the process, that is likely not to favor your youngster, unless your child is enrolled in school or a training program, that the Court decides in your child's "best interests."

In the meantime, without giving money, (and if you make it clear that you are doing them a favor, and they act half way descently to you), you can "help" your youngster in spite of everything, by giving or sending them "care packages" that includes groceries, needed clothing and personal items, toiletries, a weeekly transportation card,etc..

Good luck,

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Answered on 3/09/06, 10:49 am


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