Legal Question in Family Law in New York
My Daughter is 21 years of age..She is now attending nursing school. Her father is looking to emancipate her. I will no longer recieve child support from him. What are my rights?
Asked on 9/28/09, 8:36 pm
1 Answer from Attorneys
Jacqueline Harounian
Wisselman Harounian & Associates PC
The answer depends on whether you and the father were married and have a separation / divorce agreement that addresses the emancipation issue. If you were never married, then the age of emancipation in New York State is 21 years old as a matter of law. If you were married, look at your separation agreement, because often the age of emancipation is extended to 22 in divorce cases. Neither parent has a duty to support a child over the age of emancipation.
Jackie Harounian
Answered on 10/07/09, 3:21 pm