Legal Question in Family Law in New York
emancipation and support
my divorce and support agreement was made in Pa. in 1997. My ex wife and 2 sons have lived in ny state since then . 1 son is turning 18 will i still have to pay support until age 21 (NYlaw) since my agreement was made in pa and I pay through Pa?
3 Answers from Attorneys
Re: emancipation and support
You asked about stopping child support according to the law of your new state.
You will still be required to pay support to at least the age of 21. That is the existing agreement in the state where the agreement was created. Courts look to enforce agreements and laws in the most narrow interpretation.
Moreover, Pennsylvania law currently allows the child to seek contribution for 50% of that child's total education costs. (This is often the case even where it is a burden on the non-custodial parent.) This means that even if the child got a 50% scholarship to school the non-custodial parent would still need to kick in 50% of the total education cost and would not get any benefit of the scholarship amount.
Regards,
Roger
Re: emancipation and support
A lawyer would need to review the most recentorder/agreement to advise you of your actual obligations. However, unless duly modified by a NY court, which would happen in only rare and limited circumstances, the PA order/agreement would control under PA law. Contact an attorney in PA to review your case ASAP if there is any question.
Re: emancipation and support
The agreement you signed should be controlling and Pennsylvania law should also be the controlling law.
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