Legal Question in Family Law in New York

Child support for college aged children

My cousins' parents were never married. After some struggle he began receiving support from his father.

At age 18 the support immediately ceased. He is 19 now and a sophomore in college. I'm wondering what the NYS law requires of a non custodial parent.

I know from the info on your site that generally, support is required until age 21, but does it matter if a child is attending college out of state? If he's part of an ROTC program?

Please advise.

Thank you.


Asked on 7/29/03, 9:55 am

1 Answer from Attorneys
ODALIS M. ENCARNACION LAW OFFICE OF ODALIS M. ENCARNACION

Re: Child support for college aged children

Your question is really what happens if the child is attending college out of state, can either parent make a claim of child support against each other.

The quick answer is NO. In New York State, a child is entitled to be supported by his or her parents until the age of 21. However, if the child is under 21 years of age, and is married, or self-supporting, or in the military, the child is considered to be "emancipated" and the parents' support obligation ends.

A child who is not emancipated, like your cousin who 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 him or her.

If you would like to discuss this matter in further detail, please do not hesitate to contact me directly for a free office consultation at (718)651-5283.

Read more
Answered on 7/29/03, 4:19 pm


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in New York