Legal Question in Family Law in New York

child support laws

I have joint custody of my son with my X. He is turning 19 and is in College. He lives with his dad who has the primary physical residence because I am deploying. I am wondering what age limit does support stop. There is no court order for support. Can he take me to court for support now even though I am giving him money for my son monthly? He does not support my son because my son has a job and is going to college. I support my son more than my X does. What can I do?


Asked on 2/26/08, 5:47 pm

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

Re: child support laws

Q. I am wondering what age limit does support stop.

A. In NY support stops at 21, unless emancipated sooner (ex. full time employment, military, marriage, etc.).

Q. There is no court order for support. Can he take me to court for support now even though I am giving him money for my son monthly?

A. Yes. However, if you are on active duty the Federal Soldiers and Sailors Act takes precedent. There should be a stay pending your return from active duty.

Mike.

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Answered on 2/27/08, 7:34 am


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