Although many states have child support terminating by law at age 18 , that is not the case in New York . Although some states have a younger age of emancipation, in New York , unless there is an signed agreement that states otherwise, child support must be paid until the child reaches the age of 21.
Under New York law, parents are required to support their children until age 21. So if a child is going to attend post-high school education, college is a component of that support .
21 years old
Even if an emancipation event takes place the non-custodial parent must file a petition to terminate child support to obtain a court order to have the payments stopped . The top child support lawyers will tell you it is never advisable to wait on the custodial parent. It is always better to be pro-active.
The age of majority in BC is 19 and in Alberta it is 18. When a child continues with schooling and attends post-secondary education (university, college , trade school , etc.), the obligation to support that child often continues , as that child may still be a “ child ” for the purposes of child support payment.
In New York State, a child is entitled to be supported by his or her parents until the age of 21 . However, if the child is under 21 years of age, and is married, or self-supporting, or in the military, the child is considered to be “emancipated” and the parents’ support obligation ends.
The best policy is to file a modification petition. You will want your first court date to be prior to, but close in time to your daughter’s 21st birthday . You will want to ask the Support Magistrate to issue a temporary order terminating support on her birthday .
In New York, orders requiring the payment of child support typically terminate at age 21, unless the parties have specifically agreed, in a written stipulation, that child support would continue beyond age 21.
Legally, a parent can not be forced to pay for college (except if stipulated in divorce agreements). This means parents have no legal obligation to pay for their child’s college education — except if the parents are divorced and the divorce agreement includes paying college costs.
New York State laws protect low- income noncustodial parents: If the noncustodial parent’s income is below the Federal Poverty Level ($12,140 for 2018), the child support order may be established at $25 per month and the amount of arrears will be capped at $500.
Yes. You both can waive the basic child support obligations as long as the waiver is in writing, states what the basic child support obligation would have been, and states the reasons why your agreement should be adopted instead.
A new child will not reduce future support unless you are under court order to support the new child , and actually paying.
No matter who remarries, the new spouse doesn’t have a duty to support your kids from a previous marriage or relationship. Simply put, if you and your new spouse’s income combined is equal to or more than the combined resources of you and your ex , then the judge typically will not grant your request for modification.
Under New York State law, parents are responsible for supporting their child until the child is 21 years old. Every child is entitled to financial and emotional support from both parents . This is true even if the child’s parents do not live together and were never married.
The first step to being taken off child support is to understand that it is not possible to be “taken off ” child support . Mom and Dad cannot decide to ” take you off child support .” This is something that can only be done by a judge.