Question:
I filed for divorce when one of my children was 17. The divorce is not final yet and that child is now 18. I have been informed by the Ad Litem attorney that the 18 year old is not “subject to the matrimonial action”. I live in NY where emancipation age for child support 21. I am confused since he is over 18 and under 21.
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Answer:
This is one of the quirks of NY law. A court cannot issue a custody order for a child over the age of 18. As a result, the attorney for the children will not represent the 18 year old’s interests in the matrimonial action. However, child support is paid until the age of 21, unless a child emancipates sooner. The court can and will address the issue of child support for the 18 year old. You should speak to an experienced Saratoga Child Support Lawyer.
Do you need dedicated help on a child support action? Contact experienced Saratoga Child Support Lawyer Jean Mahserjian.
This legal question was provided by a Avvo and answered by Jean Mahserjian an experienced Saratoga Saratoga Child Support Lawyer. This does not consent an attorney client relationship.
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