Legal Question in Family Law in New York

college and child support

My son was 21 in September. He is in his 4th year of college. He receives financial aid to pay for off campus housing. He lives home with me 10 weeks in the winter, a week in february, a week in April, occasional weekends throughout the school year and all summer long. He doesn't work. During the summer he works part time. He will not graduate this year for lack of credits and will be returning to school in the fall.

My soon to be ex has stop paying child support for him because he says that now that he is 21 he is emancipated. I thought that as long as he was in college and not working full time and still living home with me , that he would still be entitled to child support.

Please let me know if I am correct.

I am entering into a legal separation and want to make sure that my son gets what he is entitled to.

Thank you.

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