When Does Child Support End in New York?

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Divorce can significantly impact an entire family, especially if the couple has any children. If so, they must determine new arrangements for their future. During divorce proceedings, courts stress the importance of maintaining a stable life for a child. In order to do so, child support payments can be paid from one parent to another. This allows the child to have the same standard of living they were used to before the divorce.

When determining the amount for support payments, judges take several things into consideration. To come to the fairest decision for the family in question, courts follow the calculations of the New York State Child Support Standards Act. This takes a percentage of the parents’ combined income and distributes it in proportion to the individual income up to $80,000. Essentially, the greater the number of children a family has, the greater the percentage of support payments. In addition to this, courts will also consider other factors that influence a parent’s earning capacity. This can include income, debts, assets, education, tax implications, financial resources, age, and health as well as the academic and social life of the child.

Age of Emancipation

Parents who have physical custody of their child spend the most time with them. This involves them providing the child with a home, food, clothing, education, and more. They are responsible for the child’s basic upbringing. It is because of this that the non-custodial parent is required to also financially assist the child. This exists to help the other parent handle the child’s cost of living. Child support payments end when a child reaches the age of emancipation and are able to support themselves. In the state of New York, this age is generally 21 years old.

Every family is different from one another. Situations may present themselves throughout life that calls for modifications of support payments. Because of this, they may not always end at 21 years old. Sometimes, courts may make exceptions to the law and extend these payments if a child can not yet support themselves. Alternatively, a parent can also petition the court to end child support payments before the usual emancipation age. If they believe a child over the age of 18 is financially dependent and no longer need assistance, they must prove so to the court in order to terminate their obligation to pay support. When the court approves of emancipation, child support payments may end.

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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!

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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.

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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...

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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...

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