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.
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.
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