Legal Question in Family Law in New York
Child support at age 23
My son is petitioning myself and my ex wife for child support payments. He became eligible for public assistance June 2004.
My son was in Jail ,as a juvenile, left jail and came to live with me. He did not at this time keep his probation terms. Due to behavior problems, he was asked to leave my sisters home (age 20) where I currently reside.
He returned to New York, lived with his mother until he once again got into trouble and was asked to leave, where he did at this time obtain his own apt and job.
A year ago he was arrested for drugs, and theft (large amount went to jail, sent to half way house , once again got into trouble and sent to albany. Now he wants child support because he is in rehab. I already support his 11 year old sister, and supported him until he was 18. He has made no effort in the past to better himself, using everyone he comes in contact with.
Is his collecting support from myself and his mother a possiblity??
thank you
2 Answers from Attorneys
Re: Child support at age 23
Yes, it is possible that your wayward 18yr old son could receive "child" support from you.
In the past he probably would have been eligible for welfare or public assistance payments, given his circumstances. Now, with the changes, the govt is attempting to force families to pick up the tab using any means they can. It may be he even applied for Public Assistance and they told him to Petition you first.
GOOD LUCK,
PHROSKA L. McALISTER,ESQ
Re: Child support at age 23
Sorry, I misunderstood your question. Thought you were referring to child under age 21.
The Correct Answer is: No. A parent is chargeable for the support of a child ONLY to age 21, notwithstanding the "child's" mental, physical or financial state.
Good luck,\
Phroska L. McAlister,Esq
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