What is the Age of Emancipation from Child Support in New York?

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In New York, it is important that children are financially supported by both parents. If you have questions about child support payments, do not hesitate to reach out to our experienced New York family law attorneys to discuss the specifics of your case and how we can best serve you and your family.

What is child support in New York?

There are two types of child custody in New York: physical custody and legal custody. A parent with physical custody of their child is typically referred to as the custodial parent. This parent has the child for most nights of the week. This indicates that the parent is primarily responsible for providing the child with a home, clothing, food, education, and other necessities. As a result, these expenses can often add up and become too much for one parent to handle on their own.

In New York, both parents have a legal responsibility to support their children financially. That is why the non-custodial parent owes support payments for relief. The goal of child support is to make sure that the child’s standard of living is the same or even better than it was before the divorce happened. These payments help even out the child’s cost of living so that it is not a financial burden on the custodial parent.

How is child support determined in New York?

In New York, a method is used to determine child support payments. New York child support is based on a percentage of the combined income of each parent and the number of children that require financial support. If the combined parental income exceeds $143,000 the court will apply the following child support percentages:

  • One child- 17%
  • Two children- 25%
  • Three children- 29%
  • Four children- 31%
  • Five or more children- at least 35%

Additional factors that may impact child support payments include:

  • Whether you or your former spouse have hefty medical bills
  • Your child’s age
  • Whether your child has any special needs
  • Whether your child is pursuing a higher education

What is the age of emancipation in New York?

Child support payments are required throughout the child’s life and can end when they reach the age of emancipation, which is typically 21 years old. However, the payments do not always end at 21-years-old. In some cases, financial support may be extended past the age of 21. This can occur if the child decides to pursue higher education and will not be financially independent until they graduate.

In other instances, however, child support can end even before the age of emancipation. If a child is over the age of 18 and a parent believes that the child can support themselves, the parent may petition the court to end support payments. If the court allows this motion, child support payments can terminate. But, until a New York court declares that child support payments can end, the payments must proceed.


Matters of divorce and family law should be navigated with the guidance of an experienced attorney. If you need strong legal representation regarding matters of divorce, family law, and estate law, contact the Law Offices of Susan A. Kassel, P.C. to schedule a consultation today.

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What Our Clients Are Saying

I hired Susan to represent me in a divorce matter where I was fighting for custody and to limit my wife's equitable share of our assets. I won custody of our son, kept the marital residence, kept my professional practice, kept my building and paid less than half to my wife. This was after a long-term marriage. She could persuade the court that equitable is not equal and sometimes the man does deserve to win!

‐ Dave

I first must say that I had been represented by two prior attorneys both of whom had simply taken my money and left me nothing to show for it in my custody case. They kept telling me what they were doing for me but I found out they were lying. Susan on the other hand had gotten me temporary custody and support for my children and myself within two months of hiring her. I cannot say enough about her.

‐ Craig

After talking to a few other attorneys, I hired Susan to represent me in my divorce and custody dispute. I was reluctant to go with her because she was the cheapest out of all the other attorneys I met with, but I'm so glad I did. I am 100% positive no one else would have done such a great job with my case as Susan and her staff. Her work is quality, her staff is reliable and her character is honorable. There...

‐ Linda

I had a very difficult case where I had already burned through two attorneys who were unable to get me custody of my children and complete my divorce. Susan was able to rapidly work out an agreement and not let it just malinger on like my previous experiences. She was also considerate of my financial situation unlike all of the other lawyers I had spoken to. I highly recommend her if you want complete and caring service with an in-depth knowledge of...

‐ Joanne


The Law Offices of Susan A. Kassel, P.C. proudly serves clients throughout Suffolk County, New York in their divorce, family law, and estate planning matters. If you require the services of an experienced Suffolk County attorney, schedule a consultation with The Law Offices of Susan A. Kassel, P.C. today.

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