When parents have a custody agreement, there is also many times a child support agreement to ensure that the child is receiving similar financial assistance as they would if the parents were together. New York State requires non-custodial parents to provide child support until their child is 21 years old. However, there are certain situations in which the parent’s obligation to provide child support can end before the child turns 21.
This may be the case if the child gets married, becomes emancipated, joins the military, or can prove that they are able to support themselves fully before they turn 21. Another situation may be if the child moves out of the parents’ home or refuses to abide by the parent’s orders, as long as those orders are reasonable. In this case, the child would only become emancipated and the parent wouldn’t be obligated to make payments if the child is between ages 17 and 21.
It is important that you make payments until you are given notice that you no longer have to do so. If you fail to make the child support payments that you are obligated to, you may find yourself in trouble with the court. If your spouse is the one who is obligated to make child support payments but hasn’t done so, you can file a violation petition with the court stating that they person has not fulfilled their obligation to pay child support. They will be ordered to pay back the money that they owe. If they continue not to make these payments, they may spend time in jail.
If you have questions about your child support obligations in New York State, contact an experienced divorce and family law attorney who can provide you with assistance.
Robert Pollack is an experienced divorce and family law attorney in Long Island, New York. Contact The Pollack Law Firm, P.C., to set up a free initial consultation.