Legal Question in Family Law in New York
emanciation in ny
my husband has three boys that live with their mother. they are 18, and 17. my husband has had no contact with the 18 yr old for over a year and the 17 yr olds for about 6 months. he had custody of them but they refused to follow rules and went to live with their mother. (their choice).they are now abusing drugs and drinking and the 18 yr old even has gotten kicked out several times(went back). my question is Is my husband obligated to continue to pay child support even though he has no relationship with his boys. He calls and tried to get into counseling with them but they refuse to comunicate. when will they be considered emancipated if this continues.
1 Answer from Attorneys
Re: emanciation in ny
He must continue to support them until the time in the marriage dissolutionment docs. The judgment contemplates emancipation and it should be in there.
Good Luck.