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Age of Emancipation New York

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  • Age of Emancipation New York

    It's my belief that the age of emancipation in New York is 21 (per a Support Magisrate). My question is does the support order terminate itself when the child turns 21 or do I have to petition the court to have it terminated.

  • #2
    Originally posted by tph65sr View Post
    It's my belief that the age of emancipation in New York is 21 (per a Support Magisrate). My question is does the support order terminate itself when the child turns 21 or do I have to petition the court to have it terminated.
    If there aren't any younger children and support is current at time of 21st birthday the order *should* be terminated automatically. Sadlt tho, that doesn't always happen, so just to be safe about 2 months before the child's 21st b-day check with the court clerk to see if anything needs to be filed.

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    • #3
      Thank you I will do just that

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      • #4
        Graduate School after 21

        I am in New York State and I would like to know if child support would continue after 21 if the child decides to go to graduate school.

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        • #5
          Originally posted by TonyS View Post
          I am in New York State and I would like to know if child support would continue after 21 if the child decides to go to graduate school.
          Nope, only until the child is 21. After that, the child/other parent is on his/her own, even if they continue to go to school. Sorry!

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          • #6
            Thanks so much for your help!

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            • #7
              Originally posted by TonyS View Post
              Thanks so much for your help!
              Any time!

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              • #8
                Sorry for asking again, but I am not quite sure about something. If the child still in college when he/she reaches the age of 21, does it continue until he/she finishes college or stops at 21 regardless if he/she still in college? Thanks again for taking time to answer my posting.

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                • #9
                  Originally posted by TonyS View Post
                  Sorry for asking again, but I am not quite sure about something. If the child still in college when he/she reaches the age of 21, does it continue until he/she finishes college or stops at 21 regardless if he/she still in college? Thanks again for taking time to answer my posting.
                  I think it continues until school ends that year, that the child turned 21. If all esle, you can call the child support division for your state, and ask them also.

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                  • #10
                    Check the paperwork you got at the child support hearing. That is where you will find the answers you want.

                    And no, your child's job still doesn't effect your child support payments.
                    Not everything that makes you mad, sad or uncomfortable is legally actionable.

                    I am not now nor ever was an attorney.

                    Any statements I make are based purely upon my personal experiences and research which may or may not be accurate in a court of law.

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                    • #11
                      child support past 21

                      I'm dealing with this same issue. As I understand, if the Child support is Court Ordered and there is not an agreement to continue support/tuition while child is in College, you probably will be successful at terminating support at age 21. I say probably, because I have learned of NY cases where the child is 21, is attending College FT, is doing well academically, and the NCP is financially well off, and the Family Court required the Father to pay for College until graduation -- even though there is no agreement as part of the Divorce to do so.
                      As many of us on this Forum know, nothing is a slam-dunk in Family Court. Take nothing for granted. The NY family Court always comes from the point of view: "what is best for the child" and "what is in the interest of justice". When you petition the Court to have your child declared emancipated, be prepared to explain why you should not be required to contribute to his College expenses past 21 yrs. Be prepared to show documented proof of why it would not be in the interest of Justice. Does your family have a tradition of College trust funds - or is the family tradition to work one's way thru College? Would the father have paid college expenses if a Divorce had not occured, is the field of study appropriate, is financial help needed or are expenses being covered thru existing grants and student aide, are you wealthy and just being cheap - or can you prove that additional Court ordered College assistance would be a financial burden and not in the interest of justice? Is the child taking a FT load or is he/she on the "seven year plan" and not really serious, etc. etc. As I said - take nothing for granted. We had a L.I. NY lawyer say that 4 months before the child's 21st birthday is not too soon to approach the Court to have the suport order modified. It takes time to get a court date and sometimes the CP may cancel and ask for extentions. Until then, the support payments continue.

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                      • #12
                        In my case, the child I am supporting was born out of wedlock. I wasn't married to the mother when he was born. Anyway, the court order doesn't say anything about college, all it basically say is to provide medical insurance.
                        Last edited by TonyS; 03-05-2007, 02:00 PM.

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