Legal Question in Family Law in New York

Emancipation questions

My 19 yr old son is working full time and doesn't want to go back to college this fall. He may move out to his own apartment soon. Can my ex husband just stop paying support for him or will he have to go to court? We have another son 16 also, can he just 1/2 his payments? Will the court 1/2 his payments or will they use another formula to determine child support for the 16 yr old? Thank you.


Asked on 7/03/05, 4:32 am

1 Answer from Attorneys
Jean Mahserjian Jean M. Mahserjian, Esq., PC

Re: Emancipation questions

Whether or not your ex can just stop payments depends on the language in your separation agreement. However, the better solution for him would be to go to court. Since child support for two children is 25% of gross less fica, but for one child it is 17%, you should not just take half of the payments for the sixteen year old. If you would like to discuss this in detail, please call my office at 518-383-1182 to schedule a consultation.

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Answered on 7/04/05, 5:04 am


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