Legal Question in Family Law in New York

Emancipation of a child

I have been divorced 9 years and have a 19 year old daughter who just graduated from high school this past May. She will be attending college in January of 07 . My ex has taken it upon himself to request emancipation of her so he does not need to pay child support. She is still living at home, not working and does not drive. We have gone to court , him in NY with his lawyer and myself here in Florida via phone. How can he prove emanicipation if he has no contact with her and never sees her. His choice.


Asked on 10/11/06, 5:14 pm

1 Answer from Attorneys
Phroska L. McAlister PHROSKA LEAKE McALISTER

Re: Emancipation of a child

The age of majority in NY is 21.

Therefore, an application by a parent, to have their 19 year old declared emancipatied, merely upon grounds of their child's high school graduation and college attendance, is very likely to be unsuccessful.

Suggest that, if the state of jurisdication is NY, suggest that you consider counterclaiming for upwarde modification of child support, to reflect your Ex's currrent income and your daughter's increased needs.

Good luck,

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Answered on 10/12/06, 6:33 pm


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