Legal Question in Family Law in New York

Re: Child Support After Child Finishes HS and is working full time

In NY Child Support the child support Order and obligation is an obligation that continues until [the] child becomes age 21, unless "formally" and "legally" emancipated prior to age 21, by a Court of competent jurisdiction.

If a Child Support Order is not ended by a Court Order, it continues to accrue arrears, that can be collected against the defaulting payor parent, even after the child's 21st birthday. Such arrears can be incorporated into a judgment that would be enforceable against all assets attachable, in the "payors" name or control.

With respect to 2nd marriages and prior accumlated assets, it is always a good idea to memoralize (write out & formally agree, whatever you decide to call it), your agreement, re obligations, support, etc.. However, please note, that some debts, (ie., IRS and other states) may or may not give full recognition to an agreement that seeks to insulate a debtor spouse's current income or assets from attachment, whether acquired in whole or part by the other spouse, although not married when the debt was incurred.

Consult a lawyer, especially re the impending marriage and obligations re preexiting debts and obligations.

Good luck,

Phroska L. McAlister,ESQ

Good luck,

Phroska L. McAlister,ESQ