Legal Question in Family Law in New York

child support

My ex-wife obtained a NYS child support order when we separated in 1993 that does not state the age when my support obligation would end, but I believe at that time the law stated I was to pay support until age 18, or to 21 if they were going to college.

My children are now 19 and 21 yrs old. Both moved out of their mother's home and have supported themselves since they turned 18...at their mother's insistance that they ''support themselves or go live in a homeless shelter'', but NYS has never closed the child support order and the state where I reside and pay my support through does not have jurisdiction to modify the NYS order. NYS says that I am obligated under current laws to continue paying support until the children are 21, unless they are emancipated by the courts.

My first question is whether the NYS support law has changed from 18 to 21 years since my order was written in 1993. If so, wouldn't I still be bound to the 1993 law?

If not, what is required to have the children declared 'emancipated' by the court? Also, is it possible to have the court declare the chilren emancipated retroactive to their 18th birthdays?

Can my ex be charged with fraud for failing to notify the court when the kids moved out?


Asked on 10/15/07, 4:28 pm

1 Answer from Attorneys
Ben Stevens The Stevens Firm, P.A. Family Law Center

Re: child support

You should contact an attorney in NY to get answers to these questions. If you need more information, you can visit my family law blog (www.SCFamilyLaw.com) or our website (www.StevensFirm.com). I wish you the best of luck.

Ben Stevens

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Answered on 10/15/07, 10:24 pm


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