Legal Question in Family Law in New York

Emancipated or not?

My 19yr old daughter moved out and was suing me for CS (we are in NY). She wanted to live with her boyfriend and did not want to work or go to college.

After 4 months my daughter�s boyfriend threw her out because she refused to get a job and help w/the rent. My ex (in CA) flew in and took our daughter to CA. The ex tried to sue me for custody at the same time my daughter was suing me for support�

The courts threw out both my daughter�s case and my ex�s case � they said custody is not an issue for a 19 yr old. They said 19 yr olds can live wherever they want to and they refused to �give custody� to my ex.

My daughter is going to be 20 yrs old. She emancipated herself. Or is she un-emancipated since she moved in with her mother?

My ex wants to sue me for CS now... Can I be ordered to pay CS until my daughter is 21 even though, she emancipated herself & nobody has custody of her?


Asked on 1/14/05, 2:08 pm

1 Answer from Attorneys
Phroska L. McAlister PHROSKA LEAKE McALISTER

Re: Emancipated or not?

In NY you are obligated to pay Child Support for your "child" until your child is 21, or until THE COURT determines that your child is emancipated. "Emanacipation" usually must be formally adjudged.

It is possible (but unlikely) that the Court will determine that your "child" is emanacipated, on grounds that she refuses to adhere to your reasonable parentable demands; And YOU, not her mother was "the" custodial parent, at the time your "child" essentially "emancipated" hereself. OR. NY is not the Court with "original" and "continuing" jurisdiction re the child support issue.

Good luck,

Phroska L. McAlister,ESSQ

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Answered on 1/14/05, 7:25 pm


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