Legal Question in Family Law in New York

Re: Emancipation question

I am assuming from your question that you and your husband reside in Maine. The divorce judgment is a New York Judgment, and his ex-wife and the children then moved to Texas. The children are now 18 and 19 years of age.

The bottom line is that it depends on the exact language of the Divorce Judgment. In Maine, at least, the child support component of the Judgment will usually say that the support terminates at age 18 or upon graduation from high school if the child turns 18 while still in high school, but not to exceed either graduation, expulsion or age 19, whichever occurs first.

If the NY judgment or child support order gives a specific age, then that age controls, no matter where ex-wife has moved. All states are required to give full faith and credit to the divorces of other states.

If the NY judgment says something to the effect of support is paid until the children "reach the age of emancipation," then in my opinion, the term "emancipation" would be given the definition provided by the State of New York, and that judgment would also be effective no matter where ex-wife moves.

I think you may also want to double-check whether the judgment refers to the "Age of Majority" or "Age of Emancipation." The two terms mean different things. To my knowledge, and I am not licensed in New York and am not stating this as fact or as advice, the age of majority in New York is 18.

I hope this information helps.