When Will Child Support Payments End?

Answer:

Most people think that child support ends at 18 but, in fact, the age of emancipation in New York is 21. It’s kind of strange because courts don’t have any jurisdiction over children over the age of 18 for custody purposes, but child support extends to the age of 21. Are there instances where a child could emancipate for child support purposes before the age of 21? Absolutely. Some of those occurrences would be if the child is entering the military, if they become married, or if they obtain a degree and are considered self-supporting.

There are cases where children leave the home of their parents. To make the argument that your child is emancipated for child support purposes, in that event, you wouldn’t be able to make the argument if the child had left for issues of neglect or abuse. If they left for some other reason and it was a good reason, they would likely be considered emancipated.

There are a few cases where support would actually be extended beyond the age of 21, and that really has to do with if you have a handicapped or disabled child or if you have a divorce decree and you and your ex-spouse have actually agreed to extend support in certain circumstances. Every case is different, and every child is different. I would strongly encourage you to take your case to an experienced attorney that deals with family law issues, such as support issues, to really get a good idea of what you’re entitled to.