Legal Question in Family Law in New York
Exceptions to the age of Majority.
My son is attending college. He lives with me. He has two more years, yet he turns 21 on June 13, 2004. Can I petition the court for a continuance of child support until he finishes college?
3 Answers from Attorneys
Re: Exceptions to the age of Majority.
Family Court Act 413(1)(a) provides that the support obligation ends then the child reaches age 21. It can end upon earlier emancipation, but not later.
Re: Exceptions to the age of Majority.
The courts can enforce an agreement to pay child support beyond age 21. However, absent an agreement, child support must end at 21.
Re: Exceptions to the age of Majority.
You may make such a petition, and the court will hear it. But the court will reject it. However, there is no law against your ex-spouse continuing to pay child support or otherwise assisting in your child's education after the child becomes 21. Give him a chance. You are welcome to a consultation for no fee at my offices at 42 West 44th Street, NY,NY. Please call for an appointment first. (646)591-5786 or (718) 729-2029
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