One of the most common questions divorced parents ask is, “When do I stop paying child support?” As a parent, this issue can be both emotionally and financially significant. Read this blog to learn more about how child support works in New York and when a parent may stop paying it. Here are some of the questions you may have:
What is the Age of Emancipation in New York State?
In New York, the age of emancipation is typically 21 years old. This means that, in most cases, parents are obligated to pay child support until their child turns 21. However, this doesn’t necessarily mean your payments will continue up until the child’s 21st birthday without exception. The law allows for certain circumstances where support may end earlier, or in some cases, even be extended. For example, if a child becomes financially independent or gets married before reaching 21, this could trigger an early termination of child support obligations.
On the other hand, special circumstances, such as a child who has a disability and requires ongoing care, may extend the support period past the age of 21. As such, understanding your specific situation and working with a family lawyer can help clarify your responsibilities and ensure you’re fulfilling your legal obligations appropriately.
Can Child Support End Before the Child Turns 21?
There are conditions under which child support may end before the child turns 21. For instance, if your child becomes “emancipated” before 21, meaning they are financially self-sufficient, live independently, or have joined the military, you may no longer be required to provide financial support. It’s important to note that simply living outside of your home, such as attending college, does not automatically make your child emancipated.
Additionally, if your child marries before reaching the age of 21, this too can serve as grounds to stop making child support payments. However, this process isn’t automatic. You’ll need to file a petition with the court and have the judge officially modify or terminate the child support order based on the new circumstances.
What If My Child Decides to Attend College?
In New York, child support typically continues while a child is attending college, provided that they are not yet 21. The courts may factor in educational costs, and there may be specific orders that require you to contribute to your child’s college expenses in addition to paying regular child support. This is known as “add-on support,” which can include costs such as tuition, books, housing, and other related expenses. However, if you are paying for housing expenses related to your child’s college education, then you are able to seek a reduction in child support due to this.
New York courts have the discretion to determine how much you should contribute to these college expenses. While it can sometimes feel overwhelming, especially when dealing with the rising cost of higher education, this financial support ensures that your child has the opportunity to succeed.
If you have further questions about child support in New York or when a parent may stop paying it, simply contact a Rochester family lawyer from Lacy Katzen LLP today.
