Legal Question in Family Law in New York
My oldest son joined the military at 19, however, NY State says I must pay child support until he turns 21. Is this true, or does joining the military make him emancipated?
Asked on 9/14/09, 5:04 pm
2 Answers from Attorneys
Kristen Browde
Browde Law, P.C.
New York does not have a statute that defines what makes a minor emancipated. While ordinarily joining the military is one of the events that can make a minor emancipated, unless this is specified in your settlement agreement and/or the judgment of the court requiring you to pay child support, it does not happen automatically.
Answered on 9/19/09, 5:09 pm
Michael Markowitz
Michael A. Markowitz, PC
I agree with David, although, under statute emancipation is 21 years. You would have to petition the Family Court for emancipation under the basis that the Child is in the military.
Mike.
Answered on 9/20/09, 1:24 pm
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