Legal Question in Family Law in New York

Child Support

I have a daughter that will be 19 in March, she just notified me that her mother went to court to try and collect child support. I'm no longer a resident of NY, and my daughter just started living with her mother when I moved out of NY in Sept 08. My daughter has completed high school and was attending cosmetology school but was discharged due to the fact that she missed so much time due to a sickness. I have not been served with any papers but my sister goes by my previous address to collect the mail and informed me that a package arrived from the Bronx Court. Will I have to pay child support for a soon to be 19yr old whom neither works or go to school at this time. And if she was still in cosmotology school would I be obligated to pay at that time. The age for termination in the state that I now live in is 18 (NC).


Asked on 11/03/08, 10:18 pm

1 Answer from Attorneys
Michael Markowitz Michael A. Markowitz, PC

Re: Child Support

Q. Will I have to pay child support for a soon to be 19yr old whom neither works or go to school at this time.

A. Yes. In NY the age of emancipation when it comes to child support is 21.

Q. And if she was still in cosmotology school would I be obligated to pay at that time.

A. Emancipation is not predicated on school. If your daughter worked full time and lived out of the house, you would be able to make an argument for emancipation.

Q. The age for termination in the state that I now live in is 18 (NC).

A. The law follows the jurisdiction where the child resides. Since the child is a resident of New York, New York law would apply.

Mike.

Read more
Answered on 11/04/08, 8:02 am


Related Questions & Answers

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