Legal Question in Family Law in New York

Child Support

I am paying support for 2 children ages 17 &19 who don't want ''dad's rules''. I filed petition to stop support for both kids under NY state guidelines for Constructive Emancipation. While in mother's custody {my ex-wife}neither child has spoken to me and I have not been allowed any access/visitation in 6 months, both are flunking school, getting in trouble with law, and they wrote letters to me directly asking me to ''stay out of their lives''. Family court ruled against me. 17 yr. old just flunked senior yr. of high school, 19 yr. old flunked last semester of college(1.3gpa) and dropped out. Do I still have to pay?


Asked on 6/18/08, 11:52 am

1 Answer from Attorneys
jeffrey lazroe Jeffrey A. Lazroe attorney at law

Re: Child Support

Interesting, but not unusual. There is no such thing as constructive emancipation. The child is either emancipated or not. The usual emancipation acts are marrying, joining the armed services, moving out of the house and refusing to come home, etc.

The argument to be made is that they are not going to school and should be working. Having them sit at home and do nothing is unproductive, and your child support is acting as an enabling them to do so.

If you would like to discuss the matter further, please feel free to contact me.

Another argument to be made is that they refuse to have any contact with you, but still want to take your money to live on. While this has an emotional appeal, it very rarely gets you anywhere

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Answered on 6/18/08, 4:19 pm


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