Legal Question in Family Law in New York
Emancipation age
My son is 13, my husband is under the impression that the age of emancipation in NYS is 18, for child support. I thought it was 21 as long as the child was still in school..Just what is the law in NYS regarding the age for which a parent must pay child
support..
2 Answers from Attorneys
Re: Emancipation age
In NY emancipation is 21, unless based upon the facts a child is emancipated earlier. Not attending school does not automatically characterize a child as emancipated. All of the facts have to be reviewed. You might find some more information on that at www.millenniumdivorce.com - there is an electronic book there on NY law and a newsletter.
Re: Emancipation age
The statutory age of emancipation in NY is 21, absent circumstances that would allow an earlier age. Parties may alter this age by written agreement, or if the child becomes an emancipated minor - but school attendance or not - a determining factor.
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