Legal Question in Family Law in New York

Child support

I got divorced from a marriage in the state of New York in ~2001. I have 2 sons, ages 21 and 19. I have since moved to Chicago, and my 19 year old son chose to remain with his mother in NY. I paid his child support up until Sept. 06, at which point he joined the US Army. He completed basic training and was successfully working through individual training when he decided to leave the Army. Now he is residing back in upstate NY with his mother, out of the Army, but not officially discharged. The mother is now calling me to claim that I need to begin paying child support again. Am I legally responsible at this point? It is not that I don't want to support him. but I believe that he is considered emancipated at this point and it would be my strong preference to deal with him directly in any financial support that I provide.


Asked on 3/01/07, 6:34 pm

2 Answers from Attorneys
George Zuganelis Zuganelis & Zuganelis, Attorneys at Law, P.C.

Re: Child support

I don't know NY laws,but I can't imagine that those laws would be much different than Illinois. My answer to this question (this is not legal advice) is that you are no longer obligated to pay child support. Please seek the advice of a NY lawyer on this matter.

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Answered on 3/02/07, 11:26 am
Joel Salinger Law Office of Joel R. Salinger

Re: Child support

You must read the stipulation of settlement from your divorce. If there is an emancipation clause in that document it would control in this situation. If there is no emancipation clause, then you need to go to family court to get the child support terminated. In my opinion, when your son entered the military, your obligation to pay child support should have terminated.

You should contact a family law attorney in the area that your wife lives to bring an action in family court to protect your rights. If you don't and your wife brings an action to enforce the child support you could be responsible for arrears and interest if you are found to be responsible for the child support.

Joel R. Salinger

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Answered on 3/02/07, 11:19 pm


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