When parents in New York split, they are still responsible for financially supporting their children until the age of emancipation, and in some instances, after they reach this age. Child support is a legal obligation in which non-custodial parents must contribute towards their child’s everyday living expenses, healthcare, education, and other basic needs. Essentially, it ensures that both parents share the cost of raising the child, even if they are no longer together. If you’ve been ordered by the court to pay child support, you may wonder when you will be released from this obligation. Please continue reading to learn how long child support lasts in New York and how a trusted Suffolk County Child Support Attorney can assist you during these complicated times.

Understanding Child Support Obligations in New York

Like all states, New York imposes child support payments on the non-custodial parent to ensure the child can receive the financial support they need to thrive as they would if both parents remained together. However, unlike many states in the country, New York does not automatically terminate child support on the child’s 18th birthday. Instead, the courts will examine the legal status of the child, if they are financially dependent, and the overall circumstances of the family when determining whether or not to extend or terminate child support obligations.

This issue is not uncommon in divorces and post-judgement matters throughout Long Island, including Suffolk and Nassau counties. Unfortunately, there are many misunderstandings and misconceptions regarding age limits and legal emancipation for child support obligations.

When Does Child Support End in New York?

Although many states have laws that end child support when a child turns 18, this is not the case in New York. Instead, a child is entitled to be supported by their parents until the age of 21, unless a legally recognized exemption exists. The courts generally do not rely on a child’s age but will instead consider whether or not the child is still dependent on parental support.

What Does Emancipation Mean in New York Child Support Cases?

Emancipation is a legal term that describes when a child is deemed legally independent and no longer financially dependent on their parents’ financial support. Because this can directly impact whether or not child support payments will continue. Under certain circumstances, a child may be deemed legally emancipated before they turn 21 if specific conditions are met.

Factors Considered by the Court When Determining Emancipation

  • If the child is financially self-supporting
  • If the child lives independently from both parents
  • If the child has voluntarily abandoned parental control
  • If the child is married or serves in the U.S. Armed Forces

Exceptions That May Extend Child Support Beyond Age 21

It’s important to note that child support can extend past college or until a child turns 26 if they suffer from a mental or physical disability.

Situations Where Child Support May Be Extended

  • The child has a physical or mental disability
  • The child cannot reasonably support themselves
  • Ongoing financial dependency is clearly established

It is critical to understand, however, that extensions are not automatic. As such, the custodial parent will need to petition the court to continue the child-support obligation. However, they must also submit documentation that shows that the child cannot reasonably support themselves.

How Do New York Courts Calculate Child Support Payments?

In accordance with the Child Support Standards Act (CSSA), the courts will utilize a statutory formula based on the income of each parent. This ensures that child support determinations have a standardized framework while allowing judicial discretion in some cases. As such, the courts will determine not only the amount of support, but also how long the payments will last, which is often an issue that arises in post-divorce modifications.

Factors Courts Consider When Determining Child Support Payments

  • The combined income of the parents
  • The number of children who need child support
  • Each parent’s proportional income
  • Any additional expenses unique to the child

What Should I Do if My Ex Isn’t Making Payments?

When the court issues a child support order, it becomes a legally binding obligation. As such, failure to fulfill this obligation can lead to serious consequences. If your ex-partner has stopped making support payments, it’s crucial to know your rights and take action.

Steps to Take When Payments Are Missed

  • Documents missed payments and any communication efforts made to remedy the issue first
  • Avoid informal modifications without prior court approval
  • Seek enforcement through the court if nonpayment continues

It’s imperative to understand that child support orders do not stop on their own. As such, when a child’s 21st birthday arrives, the paying parent must file a formal petition to modify or terminate the payments. Failure to receive court approval to terminate the order can result in the accumulation of arrears and potential enforcement action, like wage garnishment.

Contact an Experienced Long Island Child Support Attorney Today

If they still refuse to pay, it’s in your best interest to enlist the help of an experienced attorney who can help you petition the court to enforce the payments. For issues regarding child support in New York, please don’t hesitate to contact the legal team at The Law Offices of Susan A. Kassel, P.C., who can help you navigate the legal system and fight to achieve the best possible outcome.