New York State order modification

[amylea02]

I am hoping someone can help me with this question since I cannot find specific NYS law on the internet to help me. My husband's daughter turned 18 last May 2005 and was supposed to graduate. Well she failed one class and has been going to school for one class since Sept 2005 and working a job probably full time. We are not provided with enough information to find out. My husband went to court and his modification was dismissed because the judge said even though the daughter is taking only one class she is still in school. I dont believe this is correct. Now she is graduating Monday Jan 23 and we have the paperwork to modify the order here to be filled out again. The daughter told her dad tonite she may be enrolling in college in the Fall. What are his chances of getting a modification so he only has to pay for the younger daughter?

[Whyte Noise]

You do realize that in New York, child support goes to age 21, right? Just because she's over 18 and graduating doesn't mean that the child support will stop. It will continue until she reaches age 21 whether she graduates and goes on to college or not.

From: http://www.nycourts.gov/courts/nyc/f..._support.shtml

Until What Age Is a Parent Obligated to Support a Child?

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.

A child may also be considered "emancipated" if he or she is between 17 and 21, leaves the parents' home and refuses to obey the parents' reasonable commands.

[Tahari]

This is absolutely correct. NY goes to 21 thank goodness.