Legal Question in Family Law in New York
child support and emacipation
If a child who is under the age of 21 moves out and is paying her own way and living with someone, would they be considered amancipated. Is a person entitled to go back to court to get the child support back if they were not notified of the change and when it occurred so that the child support could be modified to reflect the emancipation? Would it be considered fraudulent to continue to cash the child support checks knowing that the child is no longer under your care or supervision?
1 Answer from Attorneys
Re: child support and emacipation
It would be improper for any attorney to provide you with legal advice without having first analyzed all of the facts and circumstances of your particular matter.
However, I will try to provide you with some information.
A child may become emancipated under the circumstances that you describe. However, it is not black and white. You must provide sufficient evidence that, among other things, the child is no longer under parental control. Since emancipation is not an automatic, child support must continue to be paid until it has been established, to a court�s satisfaction, that the child is emancipated.
I hope that this information has been helpful.
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