The purpose of child support is to ensure that the child’s standard of living is the same as (or better than) before the divorce. As a result, child support is important. However, you may feel that you are unable to pay your child support, that your child is independent and no longer needs support, and more. Read on to learn more about terminating child support in New York.
How is Child Support Determined in New York?
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%
Some other factors that may impact child support payments include:
- Whether you or your former spouse have medical expenses
- 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?
It is important to know that you must continue paying child support until the court declares otherwise. This means you can find yourself in legal trouble if you try to pay less, skip payments, or stop paying altogether. Child support payments can typically end when a child reaches the age of emancipation and is able to support themselves. In the state of New York, this age is generally 21 years old. That being said, child support payments can be extended past this age under certain circumstances. For example, child support may be extended if the child chooses to pursue higher education. On the other hand, a parent can petition the court to end child support payments before the child reaches emancipation age. If a parent believes a child over the age of 18 is financially dependent and no longer needs assistance, they must provide proof to the court in order to terminate their obligation to pay support. When the court approves emancipation, child support payments may end. Additionally, if you can prove that your financial situation has changed dramatically and for the foreseeable future, for example, if you have recently become unemployed, you can request a modification.
Contact our firm to speak with an experienced and dedicated family law attorney and learn more about child support in New York.
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