Legal Question in Family Law in New York

Termination of Child Support

According to terms of my divorce agreement entered in Albany County in 1994, I have paid (without problems)

child support as a non-custodial parent as per the

Child Support Standards Act, Domestic Relations Law Section 240(1-b). My son is 17 now and will graduate

High School in June 2001. He works part time and lives with his Mom.

Six months ago he has terminated our visitations as per the specifics in the Divorce Agreement, being too

busy with friends and work, etc. I now make no decisions regarding his health, education or well-being, since he declines my participation. His Mom

allows him room and board.

I still provide his Health Insurance.

When will my obligation to provide child support

terminate under the legislation and circumstances I have outlined? Age 18? Age 21? What if he goes to college and /or works part time and/or full time?

Thank you in advance


Asked on 3/23/01, 12:01 pm

2 Answers from Attorneys
Michael Markowitz Michael A. Markowitz, PC

Re: Termination of Child Support

Age 21.

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Answered on 5/29/01, 1:20 pm
Phroska L. McAlister PHROSKA LEAKE McALISTER

Re: Termination of Child Support

YOU ARE OBLIGATED TO PAY CHILD SUPPORT UNTIL AGE 21 IN NY, UNLESS YOUR "CHILD" IS EMANCIPATED BEFORE THEN. EMPACIPATION USUALLY REFERS TO THE CHILD BEING SELF SUPPORTING (WORKING FULL TIME) AND NOT ATTENDING SCHOOL OR A TRAINING PROGRAM. IF CHILD SUPPORT PAYMENTS HAVE BEEN COURT ORDERED, BY ORDER OR JUDGMENT, YOU MUST GO TO COURT FOR AN ORDER OF EMANCIPATION AND FOR AN ORDER TERMINATING THE CHILD SUPPORT. OTHERWISE, YOU WILL ACCUMULATE ARREARS THAT THE CHILD OR MOTHER CAN SUE YOU FOR EVEN AFTER THE CHILD TURNS 21.

GOOD LUCK.

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Answered on 5/31/01, 10:37 pm


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